n REPORT 



iOYSTER INVESTIGATION 



SHELL-FISH COMMISSION, 



For the ^'ear 1:ik1iiiij- November 30th, 1887. 



EUGENE ■(}. BLACKFORD, 

COM rissirxEE of fisheries. 



r 



TRANSMITTED TO THE LEGISLATURE JANUARY 25, 1888. 



THE TROY PRESS COMPANY, PRINTERS. 

1888. 




Glass _ ^^. . ^^ y^ (\l 



Book 






u 



SMITHSONIAN DEPOSIT 




-^'^-z? ~.: 











Long Island Sound Set of iXSy. 
Average Fi\'f Month's (Irowtli, Life Size. 



I 



REPORT 



OYSTER INVESTIGATION 



SHELL-FISH COMMISSION, 



For the Year Enduiii; November 3ulh, 1887. 



EUGENE G. BLACKFORD, 

COMMISSIONER OF FISHBEIES. 



;§if3A5 



TRANSMITTED TO THE LEGISLATURE JANUARY 23, 18 8 8. 



THE TROY PRESS COMPANY, PRINTERS. 

1888. 



State of New York 



No. 37. 



-1^ ^ ^ 3tk^ V — ^ V^_^ fi -■/ A. ^ A _J fi JL_o(/ -IL ( 



January 25,^1888. 



JREPOET 



EUGENE G. BLACKFOKD, SHELL-FISH COMMISSIONER AND 
COMMISSIONER OF FISHERIES IN CHARGE OF OYSTER 
INVESTIGATION AND SURVEY OP OYSTER TERRITORY 
FOR THE YEAR ENDING NOVEMBER 30, 1887. 

To the Legislature of the State of New York : 

I hereby have the honor to submit a report of the work 
accomplished in the survey of the oyster territory of the 
State, and since June, 1887, as Shell-Fish Commissioner. 

The section in the Supply bill of eighteen hundred and 
eighty-six, authorizing the oyster investigation, reads as 
follows: 

" For the Commissioner of Fisheries appointed under 
chapter three hundred and nine. Laws of eighteen hundred 
and seventy-nine, the sum of two thousand dollars to be 
expended as said commissioner may deem proper, apon 
vouchers to be approved by the Comptroller for the pur- 
pose of oyster investigation." 

An item in the supply bill of 1887, directed me to finish 
and complete the survey of all the lands under the waters 
of the State, suitable for oyster culture, aiid appropriating 
the sum of $5,000, but no part of this sum was to be 
expended until the Comptroller should be satisfied that 
the work contemulated could be done within the limits of 



4 Report of Oyster Investkiation 

the a|)i)ro])i'iation. In addition to this work of investiga- 
tion and survey, I was designated by chapter 584, Laws of 
1887, as Shell-Fish Commissioner and directed to survey the 
oyster territory of the State, designate and set apart the 
natural growth beds of oysters, ascertain the owners of all 
artificially planted beds and survey and definitely locate 
such beds. 

As far as the work of oyster investigation is concerned, 
this is the third and final report, and I take great pleasure 
in submitting it. That the work is finished is in itself a 
great satisfaction, and that it is finished successfully and 
agreeably to the oystermen of the State is an additional 
source of gratification to me. In my report for 1886 in 
which I gave the results of two years of ddigent investiga- 
tion, I suggested a remedy for what was the principal cause 
of the insiuration of the item in the supply bill, authoriz- 
ing the investigation, /'. e., the cause of the decrease in the 
sui)ply of oysters and recommended the passage of a law. 
In my report I said "the cause of the decrease in the 
supply of oysters is two-fold; first, the depletion of the 
natural growth oyster beds from over-fishing, and second, 
the lack of a thorough and scientific culture of planted 
beds. 

As a remedy for the first cause, I suggested that the beds 
of oysters of natural growth be set apart and preserved, 
and that I continue the experiments already begun in the 
artificial ])ropagation of oysters. 

In regard to the second, I said: 

" Planters can not be expected to cultivate oysters scien- 
tifically, and at great expense unless they can be reasonably 
certain that they will not be disturbed in the possession of 
their grounds. Security of tenure must first be given the 
planter, before the cultivation of private beds can reach 
its fullest and most profitable development." 

To carry out this idea I recommended the passage of a 
law, which passed with some slight modifications, provid- 
ing for the sale, at a nominal price to planters, of all the 
lands under the waters of the State, suitable for the culti- 
vation of shell- fish. At this point, it may be interesting to 
speak more at length regarding the depletion of the beds 



AND Shell-Fish Co3imisston. 5 

of oysters of natural growth, once the only source of oyster 
supply. 

Bed after bed of oysters of natural growth has gradually 
disappeared and, as in every other instance, when natural 
supplies fail, recourse was had to artificial propagation. 

The high state of civilization of the present day is due to 
the fact that each generation commences very nearly where 
the past left off. Did each man have to gain all his infor- 
mation from experience, he would have to live a good many 
centuries in order to be up to the times. 

Happily the man who first applied steam to produce 
work did not let his invention die with him; but passed it 
on to his fellow-men, and they on to their successors, until 
at the present day we are surrounded by the thousa,nds of 
engines, surpassing the most imaginative dreams of our 
forefathers. 

If we profit by example, we are simply using common 
sense; if we fail to do so, we are to be pitied. 

One hundred years ago our woods abounded in game ; a 
few years ago our prairies contained thousands of buffalo. 
Every one knows to what extent the sux:)ply has been 
reduced. 

The experience of European countries has been that all 
natural growth oyster beds will become over-worked; and 
to illustrate this, I will cite a few extracts from a rei)ort of 
Prof. Karl Mobius, Professor of Zoology at Kiel: 

"According to the statement of Mr. Webber, mayor of 
Falmouth, 700 men, working 300 boats, were profitably 
employed in oyster fishing in the neighborhood of Fal- 
mouth prior to 186G; but since then the beds have become 
so impoverished that now, in 1876, only about forty men 
with less than forty boats can find employment, and even 
with this greatly diminished number of boats, no single 
boat takes daily more than from 60 to 100 oysters, while 
formerly in the same time a boat could take from ten to 
twelve thousand. About the year 1830 an oyster bed was 
discovered upon the English coast, near Dudgeon Light 
containing an immense number of oysters, among which 
were very many old ones. 

During the next three or four years, this bed was fished 



6 Report of Oyster Investigation 

so perseveringly and disastrously, that since then it has 
not produced enoui^h oysters to be worth recording. 
Between the years 1840 and 1850, there were in the harbor 
of Emsworth so many oysters that one man in a single tide 
(five hours) could take from fifteen to twenty casks, each 
containing 1,600 oysters. Later, 70 to 100 sailing vessels 
from Colchester came into the harbor and fished up so 
many young and old oysters during the two or three weeks 
they were there, that in the year 1858, scarcely ten vessels 
could load there, and in 18(38 the beds were so impover- 
ished by this fishing, that a dredge in five hours could not 
gather more than twenty oysters. 

From the beds of the districts of Rochefort, Marennes, 
and the island of Oleron, on the west coast of France, there 
were taken in the years 1853-54, ten millions of oysters, and 
in 1854-5, fifteen millions. 

By means of long continued and exhaustive fishing they 
were rendered so poor, that in 1863-64, only 400,000 oysters 
were furnished for market. 

The very celebrated rich oyster beds of the Bay of Can- 
cale, on the coast of Normandy, have produced, according 
to official reports, the following number of oysters : 

Number of 
Year. oysters taken. 

1847 71,000,000 

1848 60,000,000 

1849 52,000,000 

1850 50,000,000 

1851 47,000,000 

1852 20,000,000 

1853 49,000,000 

1854 20,000,000 

1855 20,000,000 

1856 18,000,000 

1857 19,000,000 

1858 24,000,000 

1859 16,000,000 

1860 8,000,000 

1861 9,000,000 

1862 3,000,000 

1863 2,000,000 



AND Shell-Fish Commission, 7 

Number of 

Year. oysters taken. 

1864 2,000,000 

1865 1,000,000 

1866. 1,000,000 

1867 2,000,000 



The French, ever ready to advance m the arts, seem to 
have been the first to cultivate oysters on any large scale ; 
and, as their experience may be valuable, I will y;ive a brief 
outline of their pro<i,Tess. 

The natural beds of oysters were gradually giving out, 
the prospect for future supply was down to its lowest ebb, 
when M. Coste, the father of the shell-fish interests of 
France, determined to experiment upon the production 
of oysters artificially. That is to say, to try and collect 
the spat as it came by natural means upon collectors, 
though not to attempt artificial fertilization of eggs. He 
was very sanguine at first and based some of his expecta- 
tions upon the theoretical calculations of what could be 
done, knowing that a good size spawner is capable of pro- 
ducing 50,000,000 young. 

His experiments were very elaborate and cost a large 
amount of money. He did not accomplish the astonishing 
results he anticipated ; but he succeeded in revolutionizing 
the system and bringing about results that increased the 
supply many fold. The following table taken from 
the report of M. Brocchi, to the minister of marine in 
France, will show the increase in ten years in the basin 
of Arcachon alone : 

Number of oysters 
Year. exported. Value in francs. 

1871 4,897,500 268,332 50 

1872 10,796,740 537,515 00 

1873 25,711,750 1,159,397 00 

1874 42,542,650 1,745,050 00 

1875 112,715,233 2,817,630 00 

1876 196,885,450 3,941,309 00 

1877 202,392,225 4,456,288 00 

1878 176,500,225 4,426,500 63 

1879 160,197,275 3,944,24188 

1880 195,477,357 4,254,465 64 



8 Retort of Oyster Investigation 

From this we see an increase of 1,487 per cent in ten 
years of the value of the oysters, while the people of the 
country had an increase of 3,890 per cent in the number of 
oysters consumed. 

The French method consists substantially in suspending 
tiles in the waters during the s pawing season. They found 
that the young oysters clung very closely to these tiles ; 
so they take the trouble to coat each with plaster, and 
after the .young oysters have set upon it, take them up, 
separate the plaster from them with knives, and use the 
tiles again the next spawing season. The plaster holding 
the set is then planted and the young oysters cultivated. 

Our system, as in use in Long Island sound, is upon the 
same principle, only we are more fortunate, inasmuch as 
we do not have to resort to so troublesome and expensive 
a method of collecting the spat. Our refuse oyster shells, 
deckers, cinders, etc., serve as collectors and produce 
splendid results. In fact, our favorable conditions on this 
side have caused a great deal of comment from foreign 
authors, and our yield airpears to them to be something 
remarkable. They are all unanimous, however, in declar- 
ing, from their own experience, that if we do not go into 
the cultivation more vigorously we will go down in the 
scale instead of up, and Americans certainly ought to be 
smart enough to i)rofit by such examples. 

The oyster supply for the future must then come from 
artificial beds, and to aid the cultivation of these was the 
purpose of the bill passed by the Legislature, and in its 
results will, I believe, be found the solution of the oyster 
question, and the remedy for the cause of the decrease in 
the supply of oysters. 

That this is believed to be true by the practical oyster- 
men of the State, is shown by the number of applications 
already received for franchises in the lands under the 
waters of the State. Nearly 250 applications have already 
been received and new ones are coming in every day. The 
great work conse(}uent to the proper organization of this 
branch of the duties of the Commissioners of Fisheries 
and the i)reliminary routine necessary before anything 
definite could be done, ])revented the granting of fran- 



AND Shell-Fish Co3iMissiON. 9 

chises as yet, but 100 are in condition to be granted at the 
January meeting of the commission. 

The commissioners have fixed the price for lands now in 
cultivation and use at fifty cents per acre, and have pro- 
vided that new lands shall be sold at auction, at a sum not 
less than one dollar per acre; so that in addition to the 
great protection and security afforded the planter, a large 
income will be derived by the State from this source. 

The principal work of the investigation done by me 
during the past year has been in the direction of ascertain- 
ing, if possible, the nutritive value of oysters, the effect of 
floating, and the collection of information regarding oyster 
food. 

I wish to call especial attention to the report of Prof. W. 
0. Atwater, of Wesleyan University, on the floating of 
oysters. It will be found in full in the ai:)pendix. 

Until lately, extremely little has been known of the 
chemical composition and food values of oysters and other 
shell-fish, and the larger part of what has been discovered 
comes from the investigations which have been conducted 
in the laboratory of Wesleyan University and elsewhere. 
Besides the information given as to the food values of 
oysters, much is said of their changes in comi)Osition and 
nutritive value in the process of floating, or as it is some- 
times called, fattening, which is very generally i^racticed 
in preparing for the market. 

It appears that, speaking roughly, a quart of oysters 
contains, on an average, about the same (luantity of actual 
nutritive substance as a quart of milk, or a pound of very 
lean beef, or a pound and a half of fresh codfish, or two- 
thirds of a pound of bread. But, while the weight of 
actual nutriment in the different quantities of the food 
materials named is very nearly the same, the ({uality is 
widely different. That of the very lean meat or codfish 
consists mostly of what are called in chemical language 
"protein" compounds or "flesh formers," the substances 
which make blood, muscle, tendon, bone, brain and other 
nitrogenous tissues; that of the bread contains but little 
of these, and consists chiefly of starch, with a little fat 
2 



10 'Report of Oysteb Investigation 

and other compounds, which serve the body as fuel and 
supply it with heat and muscular power. 

Professor Atwater goes on to say that the nutritive 
substance of oysters, like that of meat, which is very 
similar, contains the so-called "flesh forming," and the 
more specially heat and force-giving, ingredients. In short, 
oysters come nearer to milk than almost any other com- 
mon food material as regards both the quantity of nutrients 
and the food values of each for supplying the body with 
material to build up its parts, repair its wastes and furnish 
it with heat and energy. As he sfca'tes, however, the scien- 
tific studies are so incomplete, that although these state- 
ments are correct as a whole, we must be careful about 
insisting too strongly u])on the absolute accuracy of the 
details. 

The differences which oystermen observe in the quality 
of oysters from different localities of different age and 
grown under different conditions, are made clearer and are 
to a considerable extent explained by chemical analysis. 
Taking the oysters in the shell, the proi)ortion of shell con- 
tents "meat and liquor" together increases relatively to 
the whole weight as the animal grows, at least up to a cer- 
tain limit. In other words a bushel of mature oysters will 
open more quarts than a bushel of the very young animals; 
but the differences between different kinds or between 
specimens of the same kind under different conditions are 
very wide. Taking the edible portion of the oyster after 
it has been removed from the shell the differences are much 
greater than people commonly sup]:)Ose. This is apparent 
when we compare either the "flesh," meats or licpiids, 
"li(iuor" of different specimens or the whole edible por- 
tion, meats and li(iuor " solids " together. The percentage 
of water in the edible portion of the different specimens of 
oysters reported in the tables beyond varied from eighty- 
three and four-tenths per cent to ninety-one and four- 
tenths per cent, and averaged eighty-seven and three-tenths 
per cent. This makes the amounts of " water-free sub- 
stances, /. e., actually nutritive ingredients vary from six- 
teen and six-tenths per cent to eighth and six-tenths per 
cent, and average twelve and seven- tenths per cent of the 



AND Shell-Fish Comnission. 11 

whole weight of the edible portion (shell contents) of the 
animals." 

Clams, mussels and scollops likewise show variation in 
composition, but the totals amounts of nutritive material 
are a little larger than an oyster. Then the specimens of 
round clams average thirteen and eighth -tenths per cent, 
the long clams fourteen and one-tenth per cent, the mus- 
sels fifteen and eighth- tenths per cent, and the scollops 
in the flesh, as ordinarily sold, nineteen and seven-tenths 
per cent of nutritive ingredients. 

The canned oysters averaged fourteen and eighth -tenths 
per cent of nutritive material a little more than fresh 
oysters, the difference being apparently due to their hav- 
ing a small proportion of liciuid. From a number of 
experiments on the floating of oysters. Prof. Atwater 
makes the following conclusions : 

"The oysters in 'floating' in fresher water, for some 
hours after they were taken from the beds in salt water, as 
is commonly done in preparing them for the market, gained 
from one -eighth to one -fifth in bulk and weight by taking 
up water, but at the same time lost about one- tenth of 
their nutritive material. Thej' did this by processes 
essentially similar to those which go on in our bodies, 
and by which the digested food passes from the alimen- 
tary canal into the blood to be used for nourishment." 

This work of Prof. Atwater's is of the greatest possible 
value and can not be too highly appreciated. There is a 
popular expression that oysters and other shell-fish are 
merely luxuries and are worth very little for real nourish- 
ment. The importance of investigations which are calcu- 
lated not only to show the food value but to help the 
oyster culturist to make his products more valuable is too 
apparent to need argument. 

Whatever else I have done in the way of investigation 
will be found under appropriate heads, and should be read 
carefully by all interested in oyster culture. 

The details of the work in surveying the oyster territory 
of the State will be found in the report of the engineer. 
The work has been conducted through the year very suc- 
cessfully and reflects great credit upon the engineer, Mr. 



12 Repobt of Oyster Investigation 

W. G. Ford, Jr. In fact, had it not been for his iTntiring 
energy and marked professional skill, it would have been 
impossible, even with the assistance of the U. S. Coast and 
Geodetic Survey to complete the "work contemplated 
within the limits of the appropriation." 

Indeed the State Engineer, Mr. Sweet, advised the Comp- 
troller that it could not be done, and some difficulty was 
experienced at first in securing the appropriation; but 
finally through the kind efforts of the dej)uty comptroller, 
Mr. Hall, the Comi)troller agreed to audit the accounts of 
the engineer, and the work began. The results of the labor 
])erformed are most satisfactory. The whole of Long 
Island sound was surveyed, natural growth beds being 
located and accurately defined, the balance of the territory 
put in such a position as to be easily available for sale by 
the commissioners. 

Nothing remains to be done now except the i)reparation 
of the necessary raa])S, and these the engineer will soon 
have com])leted. Mr. Ford has also rendered me valuable 
assistance in my work as Shell-Fish Commissioner, desig- 
nating the occupants of artificially planted beds and in 
settling disputes, notably in the cases of Smithtown and 
Little Neck bays, as to what constitutes a bed of oysters 
of natural growth. I can not speak too highly of him in his 
department. 

As to my work as Shell-Fish Commissioner, I can make 
but a brief re]^ort. Beyond the investigation s])oken of 
above as to Little Neck and Smithtown bays, and the 
designation of occupants of the lands under water in Rar- 
itan bay, but little has been done up to this date (Novem- 
ber 30). 

My action with my colleagues will be found in full in the 
minutes of the Commissioners of Fisheries, and a report of 
my other work will be found in the i-ej^ort of the engineer. 

A coi)y of the rules a(l()])ted i)reliminary to the granting 
of franchises, blank applications, and other forms will be 
found in the api^endix. Under chapter 300, Laws of 1886, 
I was given su])ervision of the enforcement of the law, and 
was authorized to appoint a State oyster protector, who 
should report to me. 



AND Shell-Fish Co3Imission. 13 

Mr. Joseph W. Mersereau, who was appointed State 
oyster protector, has given me much satisfaction by his 
faithful work during the present year. Through his vigi- 
lance aud activity the evil of refuse dumping has been 
materially diminished in the vicinity of oyster beds. 
Oystermen unanimously testify to the improved condition, 
and there can be no doubt but that the vigorous enforce- 
ment of this law has had a salutary effect. 

Mr. Mersereau has recently secured indictments against 
a number of gas companies in New York and Westchester 
counties, and it is hoped that the cases will be pressed and 
conviction obtained. 

His report will be found very interesting, and I have 
given it in full. The results shown are very gratifying 
and I heartily approve Mr. Mersereau's recommendations. 
More adequate steps should be taken, as he suggests, to 
guard the vast oyster territory of the State, and larger 
appropriations should be made. 

I think also it is but just that Mr. Mersereau's request 
for an increase of salary should be granted. He is a man 
of more than ordinary ability, and is compelled to give his 
entire time to this work. There should be no false 
economy by the State in this work, as every cent spent in 
developing and guarding this great source of food supply 
is well invested. 

With the beds of oysters of natural growth set apart and 
preserved, the foundation of the system of artificial culti- 
vation upon a certain and definite basis and the prevention 
of the further pollution of the waters of the State, the 
oyster industry bids fair to become one of the great and 
profitable industries of the State. 

Respectfully submitted. 

EUGENE G. BLACKFORD. 



Report of W. G. Ford, Jr., Engineer 



New York, November 30, 1887. 

Mr. Eugene G. Blackford, ShelJ-Fhli Commissioner, New York, 
N Y.: 

Sir. — I have the honor to submit the following report of the 
work of the engineering department since November 30, 1886. 

To simplify matters, I will divide my subject into two parts — 
the office work and the field work. 

Office Work. 

During the winter months the time was taken up by developing 
the field-notes taken during the previous summer, and in laying 
out the scheme of work for the next mild season. The triangles 
on Staten Island wore computed trigonometrically, and at the same 
time spherically. That is to sa}^, the earth was not regarded as 
flat, but as a curved surface ; and allowance was made for the cur- 
vature. It is true that the differences are not very large ; but the 
latter method is exact, and the former is not ; and the value of the 
property to be deeded from these triangulation points, and hence 
dependent upon them, most certainly warrants the expenditure of 
the additional time and pains required in this style of com]3utation. 
After the points had been computed and reduced to perpendicular 
coordinates, they were plotted on polyconic projections of Clark's 
spheroid of 18G6, on the scale of 1:5000. They covered five sheets 
of anti(piarian paper. From these, as bases, all the subsidiary 
points determined Ijy triple cuts, were put upon the projections 
and checked in eacli case. Tracings of the topography having 
been furnished through the kindness of the Coast Survey, I ran in 
the shore line at low- water mark, and transferred a good deal of 
the topography on the western sheets, where the grounds are 
particularly valuable. 

I have plotted all the corners of oyster lots determined in Prin- 
cess bay, affixed their pro]')er numl)ers, connected the several lines, 
and in this way showing the relative position of each lot surveyed, 



Oyster Investigation and Shell- Fish Commission. 15 

itsl^area, ancl^'its 'place on the sphere — in other words, its lati- 
tude and longitude. 

The land on the hard bottom near Ward's point is particularly 
adapted for the cultivation of shell-fish, and is much sought for 
and highly prized. Its A^alue is easily appreciated by noticing the 
very small lots into which it is divided. Most of it is in from one 
to four or five acre lots, and in some cases less than one acre. 

The lines of boundary are shown by stakes ; and at low-water 
the field gives the appearance of a young nursery. 

These plots of ground are in irregular shapes, very few being 
rectangular, and fewer still square. It is a mystery to the unin- 
itiated, how the different little farms can be cultivated by almost as 
many different owners without encroachment. There is scarcely 
any poaching from neighbors, however, though marauders from 
other places are sometimes a little troublesome, and necessitate the 
employment of watchmen. 

The map of these lots resembles to some extent the much 
quoted Chinese puzzle ; but like it, is as easily unraveled when 
the key is produced — our records on file at the office. For 
instance : Lot 999 would belong to John Doe and be bounded by 
K. 14 ; K. 15 ; K. 16, and K. 17, representing the N. E., S. E., S. W. 
and N. W. corners respectively. By turning to page 14 book K. 
a complete record of the N. E. corner is found from which the 
point can be mapped geographically, or the mark at the corner be 
replaced, should it be swept away, and so on. 

Should some mischief-maker come along and remove the 
boundaries, long disputes and possible litigation can be avoided 
by simply sending a hydrographic engineer to show where the 
boundaries had been, and where to place new stakes. 

Some corners are so happily situated as to be at the intersection 
of prominent ranges on shore ; but when the ccn-ners are a little 
way off shore, this is of rare occurrence. Many devices are 
resorted to to mark corners in such a manner as to be identified in 
thick weather and soon become known to all the tongers. For 
instance, I know of a case in which a man hung an old hoopskirt 
to one stake, and his land is known as the " hoopskirt property " 
to this day. But with a view to perfecting our system, I would 
recommend that each owner bend to his corners little tags of 
wood or tin (wire fastenings) with the number by which it goes in 
the office, cut or stamped upon them. This method would aid 



16 Report of Oyster Investigation 

very largely iu the conviction of thieves prosecuted for stealing. 
If a man were known to be stealing, any neighbor could go the 
stakes surrounding the culjDrit, note their numbers, and find out 
the owner in this way if he were not familiar with the vicinity, and 
report to him the theft. 

After all the lots had been plotted, the position of the places at 
which specimens of the bottom had been taken were mapped, 
marked in red, and numbered thus, "S. 74." Referring to speci- 
men book 74 would be found to be : "Very hard bottom, coarse 
gravel and sand." 

The hydrographic notes furnished by Lieutenant G. C. Han us, 
U. S. N., for the western part of the bay, wer«j developed and 
portrayed on tracing cloth, with reference to meridians and paral- 
lels, and also to the topography, so that it could be fitted over the 
standard sheet and show where the soundings belong without com- 
plicating the already well covered sheet below. 

Great care is required by the standard maps ; difference in tem- 
perature and moisture are serious enemies, and hence they are 
kept in tin cases and not used for ordinary work. In order to 
follow up the work in the field as I go along, it is necessary to 
have either these maps or duplicates. These last are called " boat 
sheets." I have made a complete set of boat sheets, and have 
them stowed away in a tin case ready for use at any time. 

Duplicates of all the records were made in ink, so as to guard 
against those accidents which experience has taught occur in spite 
of the utmost care. Much labor and pains were put upon our 
books of descriptions of signals, and I take pride in presenting 
them to you. They are composed of three volumes, arranged alpha- 
betically, with space left for the insertion of descriptions of new sig- 
nals and changes that may occur from time to time in the old . 
Nearly every signal has, besides its description, angles taken from 
the center of station, sketches of the locality, or else topographical 
drawings of the surroundings. They are so complete that any 
hydrographic engineer could recover the points without the least 
difficulty. These books are of an importance rarely appreciated 
until too late. It is the easiest thing in the world to write a poor 
description of a good signal, but one of the hardest to write a good 
one — one in which all the effects of decay ai-e contemplated and 
provided for. 



AND kSllELL-FlSH COMNISSrON. \ 7 

The specimens of water over the natural beds had been stored 
in quart bottles and preserved for investigation. The contents of 
each bottle was emptied into a salinometer pot, the density 
measured and the results tabulated. 

During the winter there were several meetings of oystermen, at 
which the subject of legislation was discussed, with a view to 
framing some just law for the protection of the shell-fish interests. 
At all of these meetings I was present, and gave data and details 
of the oyster lands of the State. Nearly every day some one 
interested in the production of oysters called at the office to gain 
technical information. I received all these applicants and pro- 
vided them with what they wanted so far as lay in my power. The 
latter part of the winter season was devoted to preparations for 
the coming summer's work. 

Field Work. 

I take particular pleasure in presenting the work of the past 
summer both on account of the very satisfactory results accom- 
plished, and from the fact that we had some of the most trying 
difficulties to overcome that could possibly fall to the lot of a 
hydrographic engineer. 

In the first place the Legislature did not enact the laws and pass 
the appropriation affecting us until the latter part of the session, 
and the bill under which the franchises are to be sold, was not 
signed by the Governor until after the middle of June ; and upon 
the latter depended, to a great extent, the character of the work to 
be carried out this year. This made a delay in the start that 
caused us the loss of a good deal of fine weather which might 
have been devoted to field work. 

By your directions, however, all the preparati(ms were made for 
whatever turn affjiirs might take, and the day the bill was signed 
found us in possession of a government vessel, manned and pre- 
paring for sea. 

Having learned from experience the ready way in which the 
Coast Survey responds to all meritorious calls for aid in the 
advancement of sciences and practical arts in different States, we 
applied to them for aid. By your direction I proceeded to Wash- 
ington in May, and requested Mr. F. M. Thorn, the superintendent, 
to lend us a government vessel for the summer. 
3 



18 Be FORT OF Oyster Investkiation 

After explaining the situation to him thoroughly, he agreed to 
our proposition, upon the condition that we would ]irovide the 
vessel with all necessary equipment, keep her in shij^-shape 
manner, and return her in good condition. 

The steamer " Arago " was offered us, but the expense of run- 
ning a steamer was too great for the small appropriation at our 
disposjd. The most economical method was to use a sailing 
vessel, and the superintendent kindly granted us the schooner 
"Drift." As soon as possible the necessary official papers were 
sent us and we took the " Drift " out of the navy yard about the 
middle of June. 

As the vessel had been out of commission for a good many 
months and had been lying in a ])asiu all that time and was com- 
pletely unrigged, there was a great deal to do to get her ship 
shape. First of all we put her in dry dock and had the barnacles 
scraped off, and the metal repaired wherever needed; and after 
that, ran down the bay to "fit out." 

The vessel was rigged carefully, put in thorough repair and 
kept in that condition all summer. 

Lieut. Commander W. H. Brownson, IT. S. N., hydrographic 
inspector, very kindly visited the vessel and placed at our disposal 
any of the gear and equipment to be found on the Coast Survey 
vessels at the navy yard not in commission. I would like to say 
just here that a great part of the success of my work is due to the 
very hearty cor)peration of Captain Brov/nson. Without his aid I 
could not possil^ly have accomplished nearly as much as I did. 

Our field of operations was to be Long Island sound. The 
object to be accomplished was the com]5letion of the general sur- 
vey of the shell-fish territory, and of the determination of the 
limits of the natural growth oyster beds. 

The primary work was to form a chain of determined geograph- 
ical points all along the shore of Long Island bordering on the 
oyster territory under State jurisdiction. These points were to be 
marked and made prominent by the erection of wooden tripods 
above them, so they could be seen from the Avater. They had to 
be at short intervals, in order that any point upon the water could 
be determined by using them in connection with the " three-point 
problem." 

If all this territory were far off shore it would not be necessary 
to have so many points, but as most of it extends close into shore, 



AND SiJELL-Fisii Commission. 19 

and as that near shore is generally the first located, the necessity 
of multiplying these points became of vital importance. The 
Coast Survey, through the courtesy of Mr. B. A. Colona, assistant 
in charge of ofiice, gave us a great many triangulatiou points, a 
large number of which we used. From these, as bases, we deter- 
mined all the additional points necessary. This relieved me of 
the necessity of prosecuting a primary triangulatiou, such as I was 
compelled to do on a previous occasion. 

Sometimes we found Coast Survey tripods standing over these 
triangulatiou points ; and sometimes all traces of their existence 
had been extinguished. Whenever we found a Coast Survey point 
we examined it carefully, verified the marks and repaired the tri- 
pods from time to time, to add to their preservation. Complete 
notes of the condition and changes, and the additional marks put 
up, were entered in the records and also furnished the Coast 
Survey office in Washington. 

In doing this work, the vessel was moved along from station to 
station as a base, and the work was done from whale boats. 
Wherever possible the vessel was left in a harbor, and the triangu- 
latiou carried forward and back. The shore line covered about 140 
miles ; but in order to determine the signals along the beach it 
was often necessary to go two or three miles back into the country. 
My party tramped over many weary miles in this work, but covered 
the ground between stations as much as possible by boat. 

Finishing our observations at one point, the instruments would be 
put into the boat and the men would pull as near the next station 
as possible, clapping on sail every time there was a slant of wind. 
In this way I have often covered from twenty to thirty miles in 
one day. 

There was only one triangulatiou point in Little Neck bay, and 
so the points had to be carried along both shores from j^oints out- 
side. In this bay we were particularly fortunate in finding sub- 
stantial and conspicuous natural objects for signals ; as, for 
instance, a hole in the top of the famous Saddle Eock. 

From here to Oj'^ster bay the signals had to be numerous, owing 
to the many beds and the 'availability of the lands close to shore, 
We had worked to Oyster bay harbor when the greatest disaster 
of the season befell us ; namely, the refusal of the Comptroller to 
honor our drafts. There is nothing more demoralizing to a party 
in the field than the knowledge that there is a doubt as to the pay 
of the men and the settlement of the bills. 



20 Report of Ovster Inx'estiuation 

The wording of the hiw under which the money for the survey 
was appropriated was such that the Comptroller was required to 
be satisfied that the work for which the appropriation was made 
would be completed within tlie limits of that sum before he could 
issue any of it. There being no doubt in our minds as to this fact, 
we naturally went ahead with the work in good faith, and the 
money advanced by you covered all our expenses. 

There were also some $1,100 we had carefully saved out of a 
former appropriation, with a view to putting it to its greatest 
advantage this summer ; but the Comptrollei" declared it was no 
longer available, and would not issue any of it. In the meantime, 
he declined to accede to our requests upon the ground that he was 
not convinced we could accomplish such a large amount of work 
with so little money. 

I presented the facts to him and his deputy, and was referred to 
the State Engineer for his opinion. The latter was loth to believe 
we could accomplish such results, although I presented him with 
maps and other data representing good showings of work already 
done ; explained that we had the use of a government vessel free of 
charge ; that I sailed and navigated her myself, and in this way 
avoided the expense of a sailing master; that I held a pilot 
license, and could do away with a pilot; that everything was in 
running order and reduced to a system, and that I would stake my 
personal reputation upon the accomplishing of the work in the 
time required. This was backed by letters from some of the best 
known experts in the country. 

I can not blame these gentlemen for adhering to their beliefs ; 
but it was extremely unfortunate that such a thing should happen 
just at this time ; and our results have proved that we were .justi- 
fied in our impatience to push on. But when the work did go on, 
it was under trying circumstances ; crippled to the extent of losing 
one-sixth of the original moneys, and with three weeks time to 
make up. Now, that it is over, I look back with amusement at the 
many devices resorted to in order to save a penny here and there, 
though extremely trying at the time. It meant being on the jump 
from half-past 5 in the morning often imtil after dark ; frequently 
followed liy writing by lamp-light, and, ])erhaps, a turn-out in the 
middle of the night if it came on to blow. 

As we moved to the eastward, the sound being wider, we had to 
construct our signals on a much larger scale. From Eaton's Neck 









Vyt,f%y^ [^\^y\^^\^ ^ ,^^,^ 



■^'*'^*^5 iM^#K»|nf|ifi^*, ';;,v 









AND Shell-Fish Commission. 21 

on, most of tliem had to be made of heavy scantliug, generally 
about twenty feet high, and boarded up and whitewashed. It 
takes about two hours with a full force to construct one of these 
tripods, if they are carefully centered and substantially made. 

There are "no harbors on the New York side of the sound 
between Port Jefferson and Greenport, and we had to anchor out 
some distance from the shore in order to have plenty of room to 
cast should a gale come up. Several times we had to get up anchor 
and run. The weather became unusually cool in September and 
the sound frequently rough. From the tenth of September until 
the twenty-eighth, inclusive, we only had one entire good or favor- 
able day, so the work had to be done by jumps. For a long time, 
even when the wind was north-west (which was most frequently 
the case), the air was filled with mist or smoke. It gave the gen- 
eral appearance of easterly weather. Even the sun appeared* fiery 
red and the moon deep orange. It was very hard to see on any day 
but one, and I was often obliged to strain eyes for hours at a time 
before being able to get the proper sights. 

Every one knows what a mean sea can be found on Long Island 
sound ; and when we had stiff winds from the northward it meant 
a wetting up to waist or neck every time in landing, and great care 
and exertion to keep from hurting the whaleboats, especially in 
some of the places where the rocks extend for miles all along the 
shore and out to the water. On one occasion our starboard whale- 
boat was in the surf and in imminent danger of being smashed to 
pieces on the rocks. Although the water was very cold, Mr. Young 
jumped in and swam with his clothes on to the assistance of the boat- 
keeper, and the boat was saved. 

Nevertheless, we carried our survey all the way to Plum Gut, 
which is the limit of the oyster territory under our jurisdiction. 
During the month of September I made harbor in New Haven 
twice, and took advantage of the ^opportunity of visiting the shell- 
fish commissioners of Connecticut. Mr. James P. Bogart, engi- 
neer of th6 commission, kindly showed me many things of interest 
connected with the oyster industry of his State. Particularly 
noticeable was the equipment of the oyster steamer " Luzerne 
Ludington." She was fitted with a Westinghouse engine, Korting 
injectors, speed regulator worked from the pilot-house, two inde- 
pendent dredges and equipments, etc., including hoisting engine 
and Frisbie friction clutches. She uses very large dredges and has 



'22 Eepojrt of Oyster Jxvestigation 

plenty of power. We visited tlie oyster shucking room of Capi 
Caleb L. Ludington, where young girls were busily engaged open- 
ing oysters. Many of them can open eighty quarts a day, and 
make as much as fifteen or eighteen dollars per week. 

New Haven furnishes many of the Connecticat and Massachu- 
setts towns with oysters by the quart or gallon, and even sends 
some to New York, while her export trade is enormous. There are 
some 80,000 acres of land on the Connecticut tax list, and the 
industry in that State, by the judicious guidance of the shell-fishery 
commission, has been brought forward in a manner to attract atten- 
tion all over the country. It shows what can be done by system, 
concentration and moderately liberal appropriations. 

In obedience to your instructions I left the "Drift" in Cold 
Spring Harbor and came to New York to attend the meeting of the 
Fish Commissioners relating to the shell-fish territor}^ and to show 
them over the oyster grounds. 

• I joined Messrs. Roosevelt, Bowman, Joline, Green and yourself 
on the oyster steamer " Mystery " September 6th, and as we steamed 
up East river pointed out the position of natural beds, signals, etc., 
showing the College Point, Whitestone, Hameiin Flats, Millett's 
Point, Throg's Neck, Great Neck bed, etc. AVe explained to the 
commissioners the general character of the beds, and as we went 
along showed the location of the Pelham Bay, Stepping Stones, 
City Island, Hart Island, Gangway Buoy, Barker's Point beds, and 
finally brought up on Execution bed, upon which we made hauls 
of a "general cargo," as they expressed it. 

After leaving here we passed over successively the Hempstead, 
Peacock Point, Lloyd's Neck and Eaton's Neck beds, stopping at 
Cold Spring Harbor on the way to inspect the "Drift;" and 
finally making an examination of Smithtown bay. 

The next day we visited Princess bay, Gravesend bay, and the 

Arthur Kills. 

Little Neck Bay. 

In examining this bed last year, it was from a vessel drawing 
too much water to allow us to run into the bay ; and while in 
doubt as to the character of the inside portion where the water 
was very shoal, we classified it natural growth until it could be 
examined in detail. This was left until the last thing of the past 
season when there was nothing ahead of it to push it or prevent a 
thorough overhauling. 



AND SlIELL-FlSn C0M3IISSI0N. 'v>r3 

We ancliored some distance off what we considered the outer 
limit of the bed, and the same afternoon sent word around the bay 
to the residents who had shown interest in the affair, that tlie ba}' 
was to be examined. I wrote to the attorneys of those appearing 
by counsel and passed the word amongst the sloops. In short, we 
invited all we could find to be present during the examination. 

The next morning we set out in the whaleboat and dredged 
toward the fleet of sloops. My idea in regard to such investiga- 
tions is that men who devote their lives to dredging can make 
more trustworthy haids than amateurs, and moreover a " natural 
growther," being anxious to have the limits of a natural growth 
bed made ample would undoubtedly do his best in dredging ; yet 
he could not show more than there was ; while a man interested 
on the other side might be prejudiced to such an extent as to cover 
up something. As soon as we arrived among the sloops, I got 
some to luff up while I asked if I could get a passage for the day. 
The first one could not be spared ; but the " Osprey " was put at 
our disposal for all this day and the next ; and the owners, Messrs. 
Fred, and Henry Glasier did everything in their power to help us- 
I feel much indebted to Messrs. Glasier for their kindness ; and 
would say that I liave the highest opinion of their wish to be 
square in their dealings. 

As we entered the bay I counted six sloops at work in the deep 
water and thirty-one skiffs in the different shoal parts of tlie bay. 
It was a busy scene. 

I was informed that this was an unusally large number and that 
these men had all congregated to give me a wrong impression. 
But this has been refuted by others ; and my own observations 
obtained during several visits in the summer, have led me to 
believe that my informer was mistaken. The "Osprej^" took me 
to all parts of the bay I wanted to visit and gave me over a hundred 
dredgings. The result was an exhaustive examination. 

From time to time during the two days we dredged here we had 
many visitors representing the different factions and listened care- 
fully to all they had to say. The disposition of this bay has 
brought to light some interesting and curious features. For 
instance, several have made efforts to get franchises for large por- 
tions, say one man to get a fifth or fourth of the whole bay. 
Others have put in claims for small portions. Some are willing to 
SAvear the whole bay is a natural bed and others say it is not. 



24 Report of Oyster Investigation 

One staked in about a fifth of tlie bay and some one else came 
along and staked liim in and moi'e too. 

Thus it has been that the question was not one to be decided 
upon at a glance, but only upon careful examination and mature 
deliberation. The dredge will show better than anything else 
whether the oysters " exist in paying qua^ntities," but in cases 
where a natural growth bed has been planted, it is often hard to 
tell where the " planting " stopped ; and in such cases evidence 
from interested parties is very admissible. "When this occurs it is 
generally claimed that the places planted were grounds upon which 
the natural bed had been depleted and upon which no one could 
make a living. 

There is a statute law which declares that the territory in Little 
Neck bay from low- water mark to a line running parallel to it 500 
feet off shore shall be called natural growth and shall not be con- 
sidered available for planting purposes. This leaves very little of 
the bay that can be considered available, and of what remains the 
bottom is very soft and will probably require special preparation 
before the seed is deposited upon it. 

The general character of the oysters to be found in the bay 
extends from seed to those unusally large. The term " saddle 
rock" is now applied to very large oysters generally; but very few 
of those we get in restaurants under this name have ever had the 
honor of having the famous rock as a neighbor ; but the ." saddle 
rocks " are not all gone ; and in this bay may be found to-day 
many of this proud family. Then, too, there are often clusters of 
from five to twenty of these large fellows. 

The set during the past year has not been very fine and the evi- 
dence points to a not far distant time when this bay will be seriously 
the worse for wear. 

Advance notice was given to all interested in the sul^ject, and a 
meeting was held on November fifteenth, upon which occasion 
every one was invited to give his reasons for objecting to the pro- 
posed ruling, if he had any. 

Several spoke for and against it, and one old man in particular 
objected very strongly to the report of the engineer. He said he 
had been working in that bay continually for the past thirty years 
and thought his evidence should be given proper weight. Upon 
being asked for his opinion as to the limits of the natural growth, 
he gave, after his own fashion, a very detailed account of it, and 



AND Shell-Fish Commission. 25 

wlien he had concluded was very much surprised to learn he had 
corroborated in almost every particular the engineer's report, 
which, by-the-way, he had never seen. 

Out of courtesy to some of the residents, you directed me to 
make another examination of a portion of the bay, claimed to be 
not natural growth. I followed out your instruction to the letter, 
though it was blowing from a moderate to a fresh gale and the 
boats had ice in them. 

The last examination checked the former one very nicely, and 
gave the planters the benefit of about fifteen acres more out of 
1,500 acres in the whole bay. Another meeting was held, and 
those present expressed themselves satisfied with the decision of 
the Shell-Fish Commission. 

The northern limit of the bed is a line connecting the outer end 
of the government wharf at Willet's Point with the outer end of 
the Clay dock on Great Neck. All to the southward of this is 
natural growth, except a 750 meter square, having for its northern 
boundary the parallel N. 40'^ -47', and for its western boundary 
the meridian W. 73^-46', and not included between low-water line 
and a line 500 feet off shore from it. 

It is unfortunate for the oystermen in this bay that the sandbank 
in the southern portion is being so extensively worked. The water 
throughout the bay is so shoal that the scows in being towed in 
and out stir up a great deal of mud. Even without this, there are 
times when the water in the southern part of the bay resembles 
the Juniper water in the Dismal Swamp of Virginia. 

Smithtown Bay. 

During the summer of 1886 Smithtown bay was examined for 
natural growth. One spot was found upon which were a large 
number of oysters. They were buoyed in and gave evidence of 
planting ; but while we were examining it the feed pipe of the 
boiler burst, and we had to run to New York for repairs. In 
the meantime it was put down as natural growth. 

During the past summer I made a thorough examination of it, 
running lines of dredging back and forth over all the questionable 
ground. The only j^laces from which we got satisfactory hauls 
were where the ground had been strewn with scollop shells, gravel, 
deckers, etc. To these the oysters had clung, and a great many 
large single oysters were found clinging to small pebbles. There 
4 



26 Rep OUT of Oyster Investigation 

was no doubt about tlie fact that the ground designated as natural 
last year was a planted bed, and well planted at that. The ques- 
tion then arose as to whether there had ever been natural growth 
there, and if there had been, whether the planting was done only 
after it had been thoroughly depleted and abandtmed. 

A time of hearing was apppointed for November twenty-second, 
at which time no one appeared to advocate the natural growth side 
of the question. The only evidence for that side being an affidavit, 
brought some weeks before by a man who was either afraid or 
ashamed to put his own name to it, but who spoke against the 
planters, at the same time declaring he did not wish his friends of 
the other side to know he was appearing against them. The 
planters presenting the testimony of the most respectable men in 
the community, and the decisions of a court a few years ago, that 
the land was not natural growth, the Shell-Fish Gotnmissioner 
decided that the bay was open to cultivation. 

The Pines Bed. 

I have developed during the summer a small natural growth bed 
on the hard bottom which skirts the shore i]i the bight, between 
Oak Neck Point and Center Island reef, just off the " Pine trees " 
from which it derives its name. It has not been well-known or 
generally worked, but it contains a few very fine oysters, though 
not in very paying quantities this year. There is probably no bed 
in the State which varies more from period to period than this bed. 

Natural Growth Beds. 

The following circular was sent to all the principal newspapers on 
Long Island, with request to publish it. It was also sent to 
different supervisors and other prominent men with accompanying 
letters asking them to place it where it would do the most good : 

Notice to Oystekmen. 

In pursuance with chapter 584 of the Laws of 1887, I am caus- 
ing the natural growth beds of Oysters of this State to be surveyed 
and delineated. 

The law reads : * * * " He shall finish and complete the 
survey now being made of all the beds of oysters of natural growth 
located in the waters of the State ; and such beds of oysters of 
natural growth shall lie set aj^art and preserved, and shall not be 
deemed to be included in the lands for which franchises are to be 
sold under the provisions of this act," etc. 



AND Shell-Fish CoM3nssioN. 21" 

These natural beds are to be " set apart and preserved," so tliat 
anybody can go and tong or dredge upon tliem, but so tliat nobody 
can stake tliem up and keep every one else off. I would be glad 
to receive notice from those interested of the existence of any bed 
or beds known to them in the waters of the State, which are of 
natural growth. 

On the back of this sheet is a map on small scale showing natu- 
ral growth beds already surveyed. 

Very respectfully. 

EUGENE G. BLACKFOED, 

Shell-Fish Commissioner. 

The information given in the replies was very valuable and inter- 
esting, and resulted in the development of one more small natural 
growth bed ; but its greatest value was in showing that we had 
already made a most thorough examination. 

As it stands now, all the known natural growth beds under jurisdic- 
tion of the State have now been surveyed and are being finally map- 
ped. During the past summer you personally inspected a number of 
them, and of these I will not treat except in a general way. 

The Execution bed is still furnishing large quantities of seed and 
large oysters ; but the refuse material upon it acciimulated during 
the past years is simply shameful. I realize more and more that 
had you not caused the dumping of garbage to be stopped here, 
through the watchfulness of Mr. Joseph W. Mersereau, the State 
oyster protector, all the shell-fish would have been absolutely 
smothered. 

As regards the Hempstead bed, the north-west portion seems to 
have been the most popular part this summer ; and here I have 
seen, time and time again, a regular cloud of canvas belonging to 
oystermen. . The oyster fleet is a pretty one and can easily be mis- 
taken for a fleet of yachts ; which I have done several times. The 
boats are not fine in the sense used by yachtsmen ; but they are 
in the eyes of a man who follows the sea. 

The models are splendid ; the sails fit perfectly, and the handling 
of them by their skippers is beyond comparison. These men are 
born sailors, know every quality of their boats and use them to 
their best advantage. An oysterman can give you more " touch 
and go" points than almost any other sailor. I have seen them 
cross our bow, they on port tack and we on starboard, both close 



28 Report of Oyster Investigation 

hauled, so close that their dinghy would come under our head 
booms. 

One of these oyster sloops had a race with the celebrated cutter 
" Bedouin," and beat her in a good breeze. They go fast and work 
like witches ; and they are kept scrupulously clean and tidy. A 
sailor proud of his profession should feel complimented if called 
an oysterman. 

In regard to Little Neck bay and the swash bed off Hoffman 
Island, I think they have been heavily worked also. 

All these beds I have mentioned, in fact, are having too heavy a 
load to carry ; and they will break down, so to speak, if something 
is not done to help them. 

Oyster Ground. 

The land under water to the northward of Whitestoue is gener- 
ally hard ; and the water over it averages about six or seven 
fathoms, except along Westchester county shores, where the bottom 
is softer and the water not so deep. A little eastward, and between 
Willet's Point, and Throg's Neck, the water deepens to from .ten 
to twenty fathoms. None of this is. very good oyster ground, 
except close along the shores ; owing to the immense amount of 
ocean traffic that passes through at this point. 

To the eastward of Throg's Neck, however, and between there 
and the limits of the natural growth beds of Little Neck bay and 
Elm Point, there is a good deal of land that might be taken up. 
The bottom is generally soft, though not too soft for cultivation. 
The depth of water varies from an average of four and a half 
fathoms in the eastern part of the bight, to about nine fathoms in 
the western. To the northward and eastward of Stepping Stone 
light, the water is generally deep and the bottom soft. This is 
also a highway for passing craft. 

To the westward of Barker's Point, and just outside of Manhasset 
bay is a plot of ground having the greatest depth of seven fathoms ; 
which is a little out of the track of traffic, owing to the jDosition of 
the shoal extending out to luioy twenty-three, known as the Gang- 
way Rock buoy. 

In tlie bight just to the westward of Sands Point, and to the 
south-eastward of the steamer track, are lands well suited for cul- 
tivation, and having a depth of from three to six fathoms of water. 
The water to the northward of Sands Point is rather deep for 



AND 811ELL-F1SH Commission. 29 

planting except close along shore, and between Prospect Point and 
Sands Point ont to aboiit three-quarters of a mile. 

The ground immediately off Hempstead harbor of course is not 
available for planting, owing to the natural growth beds there ; 
but to the northward of Matinicock Point the greatest dej^th of 
water is nine and a half fathoms all the way across the sound. 
The turning point of the boundary line between New York and 
Connecticut is almost due north of Peacock Point. The water 
between has an average depth of from seven to eight fathoms. 

The land included between the meridians which pass through 
Peacock Point and Oak Neck Point is very well adapted. The 
eighteen foot curve here is about half a mile from high-water 
mark. From there to the seven fathom curve is nearly half a 
mile more. Beyond this the depth varies to nine and a half 
fathoms. Most of the bottom is soft, but not very soft. 

In the bight between Oak Neck Point and the end of Center Island 
reef, all the ground except that indicated as the Pines Bed is avail- 
able for planting. The average depth is from four to five fathoms. 
From this line out to the State line, the water gradually increases 
in depth to ten and a half fathoms ; but very little of it is deeper 
than eight fathoms. There is some hard bottom off Center Island 
Point, but it is very rocky ; and it is an open question as to whether 
much could be cultivated to advantage. 

Between the end of Center Island reef and Lloyd's Point, the 
general depth of water is from four to seven fathoms ; but there 
are a few holes with a depth of from ten to eleven fathoms. These 
however, are well in the southern part of the bight. 

The ground directly to the north of Center Island reef is com- 
posed generally of soft bottom ; and varies from five to eleven 
fathoms out to the State line. The tide runs here about three- 
quarters of a mile an hour. 

The ground included between the meridians passing though the 
end of Center Island reef and of Lloyd's Point, the line adjoining 
these two points, and the State line, is generally soft bottom with 
a depth of from eight to nine fathoms in the southern portion, and 
increases to from eleven to thirteen in the northern portion. 

The Lloyd's Neck bed is on the meridian passing through 
Lloyd's Point. The shoals off Lloyd's Neck extend on an average 
half a mile off shore. A good deal of the bottom is hard for about 



go Report of Oyster IN'VESTIGATlo^' 

two miles oft' shore. Beyond this out to the State line it is soft. 
The land oft" Lloyd's Neck is particularly valuable. 

To the northward of the Huntington bay limit line, and out to 
about one and a half miles, the average depth is from five to seven 
fathoms. Beyond this it increases to sixteen fathoms near the 
State line. Between Eaton's Point and the Eaton's Neck bed 
there is a long shoal extending, and between the shoal and the bed 
the depth is from three and a half to seven fa,thoms ; the bottom is 
hard in many places and pretty vv'ell covered with rocks. To the 
northward of Eaton's Neck bed the water runs to a depth of 
twenty fathoms, and the changes in depth in this vicinity are quite 
rapid and wide. The current attains a velocity of one and one- 
half miles per hour. In the bight to the eastward of Eaton's Neck 
and west of a meridian through the first lowland to the eastward 
of East Beach, the character of the ground is quite varied. Fol- 
lowing the shore from Eaton's Point to the end of East Beach the 
five-fathom curve is found to h& about three-fourths of a mile off 
shore. The southern portion of this lught is generally soft while 
the north-western part is hard. On this hard bottom, however, the 
star-fish seem to thrive particularly well, as a great many of the 
oystermen in this vicinity have found to their sorrow. Between 
the three-quarter-mile curve, the State line and the above-men- 
tioned meridians, the depth of water gradually increases to fifteen 
fathoms at the northern limit, with one deep hole of sixteen fathoms 
near the middle. The bottom is generally soft but very good. 

The shoals from here on to Nissequague river extends auj^where 
from half to one mile oft" shore. They are generally composed of 
hard sand, with a few scattered rocks, and are not adapted for 
cultivation for the reason that the heavy seas in winter rolling in 
upon them with accumulated force break with great violence and 
create such a commotion that the sand on the bottom is stirred up 
and shifts its position. If oysters were planted on this ground the 
probabilities are that during the first winter season they would be 
smothered by sand. A little ways beyond these shoals, however, 
and off shore, there are fine lands. 

Off Crab Meadow the bottom is generally soft and the depth of 
water runs from seven to sixteen fathoms at the State line. Most 
of it, however, is within the ten-fathom curve. Oft' Kidd's Money 
Hole and l)eyoud the shoals there is a good deal of hard bottom in 
from five to eiu'ht fathoms. 



AND Shell-Fish C'omihssion. 31 

Further off shore the bottom is soft and the depth increases to 
nineteen f atlioms near the State line ; but it is within eleven fathoms 
most of the way out. The shore of Smithtown bay is bounded 
by shoals out to from five-eighths to seven-eighths of a mile. These 
shoals are composed of hard sand, and are covered in many places 
with small and large size rock. 

The bottom of this bay is generally soft, though not very soft, 
and the general average of depth is eight fathoms. The nine- 
fathom curve will run nearly west from Crane Neck Point. From 
this line to the State line, the bottom is nearly all soft, and has a 
varied depth of from nine to nineteen fathoms. 

The grounds to the northward of the bight between Crane 
Neck and Old Field points are generally hard for three-fourths of 
a mile ; and the greatest depth is eight fathoms. Beyond this it is 
generally soft, and has a variable depth of from ten to twenty 
fathoms. Between Old Field Point and Mt. Misery Shoal there is 
a variable depth of from three and one-half to eight fathoms of 
water. It is generally soft and in the portion of Old Field Point 
there are a good many rocks. To the northward of this the water 
is very deep until one reaches the vicinity of Stratford shoal to 
the southward of which there is some soft and sandy bottom with 
the least water of about seven fathoms. Between the meridian pass- 
ing through the entrance to Port Jefferson harbor and the one 
through Miller's Landing the character of the bottom is varied. 
Most of it is soft and composed of brown and black mud mixed with 
sand. The current here attains a velocity of two miles an hour. 
The average depth off shore is about fifteen to twenty fathoms. 
The ten-fathom curve is about one and one-half miles off shore. 
Along the shore to the eastward of this as far as Hallock's Landing, 
the shoals extend one and one-half miles out ; and it is not very 
good for planting on account of the tendency of the bottom 
to shift. 

A little to the northward of the shoals, there is a patch ot hard 
bottom in from three to eight fathoms of water. This extends 
about a mile further oiit. From there to the State line the bottom 
is generally soft and the depth varies up to twenty-two fathoms. 

Between Hallock's Landing and the mouth of Wading river the 
shoals do not extend more than three-fourths of a mile; and 
beyond them there are several strips of hard bottom in from five 
to eight fathoms of water extending about a mile. Beyond these 



32 Report of Oyster Investigation 

tlie water is very deep, running from ten to twenty-two fatlioms witli 
a general average of about twenty fathoms. 

Tlie Herod's Point shoal extends two miles off shore ; and, 
although the bottom is hard, is not very good for o3'-ster planting. 
Beyond this the water deepens rapidly, and has an average depth 
of nineteen fathoms. The current retains a velocit}" of nearly two 
miles an hour close to the end of the shoal. 

There is a bight between Herod's Point shoal and Koanoke 
Point shoal, in which there is a good deal of hard bottom, and the 
depth is not over twelve fathoms. A good deal of it is in less than 
eight fathoms. This is in the western portion of the bight. To 
the northward of the line between the buoys on these respective 
shoals the water deepens rapidly to from fourteen to twenty-three 
fathoms, with a general average of about eighteen fatlioms. 

The shoal off Roanoke Point extends one and three-quarters 
miles from shore. The ])ottom beyond is generally soft, and aver- 
ages sixteen fathoms. Just off* Old Landing, and to the north-east- 
ward of Roanoke Point, there is some hard bottom in about four 
fathoms of water. This extends about one and a half miles off 
shore. 

The shoal off Jacob's Point extends about one mile off shore. 
The water deepens rM]3idly, with a general average of thirteen 
fathoms. Almost due north of Jacob's Point, a distance of six and 
a half miles, there is a patch of hard bottom in fourteen fathoms 
of water. Off Jacol:)'s hills the shoals do not extend very far, and 
the depth of water for about two and a half miles does not exceed 
nine fathoms. Most of the bottom is muddy, but some of it is 
black sand. Beyond this, and out to State line, the average depth 
is about thirteen fathoms. The bottom is composed of brown sand 
in some places, fine gray sand in others, and out near the State 
line hard sand in about fourteen fathoms of water. 

Between Jacob's hills, Duck Pond Point and the lines parallel 
to these points, distant one and a half miles, the depth of water 
does not exceed nine fathoms. Close in to shore it is from four 
and a half to seven fathoms. A good deal of it is hard, most of it 
being composed of sand and l^roken shells. Due north of this last 
line the l)()ttom is ([uite level, and the depth averages about thir- 
teen fathoms. The bottom is nearly all hard. 

The shoals between Duck Pond Point and Horton's Point extend 
one mile off shore, after which the depth increases rapidly to 



AND Shell-Fish Commission. '^'^ 

thirteen fathoms, and then gradually to twenty-four fathoms ; then 
slowly dnninishes to twelve fathoms near the State line. 

Between Horton's Point and Inlet Point there is a good deal of 
hard bottom, with an average depth of from eight to ten fathoms. 
The hard bottom extends off shore about two and three-quarters 
miles, and is bounded by the fourteeu-fathom curve. The depth 
of water beyond this is as great as twenty-eight fathoms in some 
places. 

The six-mile reef which has least depth of three and one-quarter 
fathoms is mostly within the Connecticut waters ; but a small por- 
tion of the eastern corner extends into our waters and has hard 
bottom. The currents along here are very strong and it would 
require a very heavy dredge to work successfully. 

Between Inlet Point and Rocky Point there is a narrow strip of 
hard bottom in shoal water, but extends very little past the line 
joining these two points. Beyond this the water deepens rapidly 
and the current is very strong. 

Between Kocky Point and Terry's Point and to the southward of 
Orient shoal, there is a bight of hard bottom with an average depth 
of four fathoms ; but with the exception of that part close in shore, 
the current is very swift. 

Just to the northward of Orient shoal the bottom is composed 
of hard sand and the general depth is about eleven fathoms. 
Between Terry's Point and Mulford's Point there is a little of shoal 
water, extending from a short distance off shore about a quarter of 
a mile. The current here is very swift. All to the northward of 
this the bottom is very deep and the current very swift. 

Between Mulford's Point and Plum Gut the water is deep even 
close in shore. Some places here have a depth of thirty-nine 
fathoms. The only exception to this is close in shore at Petty's 
bight where there is some land with five fathoms of water over it. 

The most available lands for planting are off Little Neck bay, to 
the northward of Oak Neck, and in the bight to the eastward of 
Oak Neck Point, at the mouth, of Oyster bay, particularly to the 
north-westward of the mouthof Huntington bay, off Kidd's Money 
Hole and in Smithtown bay. 

There are some splendid gravel beds on the shores of the sound 
which would furnish very large quantities of cultch. The best ones 
are to be found just to the eastward of Crane Neck and around Old 
Field Point, off Mattituck hills and about Rocky Point. 
5 



34 Report of Oyster Investigation 

The results from tiu used as cultcli have not beeu successfuL 
In the Chesapeake bay, small trees with the branches and twigs 
left upon them have been found very servicable for catching the set. 

The ice in Long Island sound would prevent, to a great extent, 
their use in the same way as in southern waters. Nevertheless, a 
modification of this ]-)lan would be, in m}' estimation, of value. 
We all know that the young oysters or fry, do not float near the 
bottom alone, but tlrroughout intermediate depth* also. 

Experiment has proved that tiles suspended in the water are 
covered on the under side as well as on the upper. 

The cultch now used serves only as a collector for the strata at 
the bottom. If we had some cheap method of having collectors 
for other strata, a much larger set would result. 

Now, if a lot of dead bushes were weighted with stone and hove 
overboard, they would present a very large surface for very little 
cost. 

I have noticed that the oystermen are sometimes late in prepar- 
ing their grounds for the set, and then think the season has not 
Ijeen a good one. I would advise them to rake their grounds 
thoroughly during the very first part of the spawning season, and 
not delay it. I have in mind some cultivators who did not com- 
mence to rake their grounds until the middle of August last year, 
and found themselves too late, while some of their neighbors, who 
commenced the first part of July, had magnificent sets. 

There are a good many oysters to be found just inside the 
mouths of such rivers as the Nissequagua, Stony brook, etc., 
which are not suitaljle for table use. They are long, tliin, and 
generally found in thick clusters. They are called by some "Rac- 
coon oysters," and have often been considered valueless. But 
they make splendid spawners. 

If a man is shelling a piece of ground and decides to put some 
full-grown oysters amongst them for the purpose of securing a fair 
amount of spawn, he can not do better than use these compara- 
tively valueless clusters of "Baccoon oysters." Besides giving 
forth a good deal of spawn, they form a barricade for the inner 
layers against the star-fish. The stars can not reach the ones in 
the center, and even if tliose outside are eaten up, the other ones 
will carry on operations in defiance of all enemies. 

Mr. N. I. Qvigstad has acted as recorder and first mate. It is 
hardly necessary for me to reiterate what I have already said as 



AND ShblE-Fisji Commission. 35 

to liis attention to duty and interest in the work. He has learned 
the use of the sextant and has given me valuable aid in this way. 
He deserves credit for the neatness and cleanliness of the vessel 
during the summer, for his sketches, which will add largely to the 
completeness of the records, and for his general usefulness to the 
survey. 

I wish to express my thanks for the many ways in which I have 
been assisted by Mr. Archibald Young, Jr., and Dr. J. E. DeMund, 
of Bath Beach. These gentlemen went along with me last sum- 
mer, and helped me in my work, purely out of good nature. 

I hope that Mr. Edward Thompson and Mr. John Arthur, of 
Northport ; Judge J. Lawrence Smith and Mr. Darling, of Smith- 
town ; Dr. O. L. Jones, of New York ; Mr Godfrey, Port Eaton, 
and Messrs. Charles H. and Alexander Bell, of Bayside, will 
accept my thanks for their many courtesies. 

We are indebted to Mr. Glasier, of City Island, for the specimens 
of set, of which the accompanying photograph is an example. 
These set came from deep water where the oysters do not grow as 
rapidly as in shoaler places. 

The following is a statement of expenditures of the engineer's 
department for the year ending November 30, 1887 : 

Salary of engineer and pay of crew $3 , 698 04 

Maps, drawing material, printing, etc 502 16 

Field expenses 645 23 

Office expenses " 357 82 

Miscellaneous 114 60 

Total $5,317 85 



I wish to close my remarks with expressions of my appreciation 
of the wa^^ in which you have facilitated my work. 

I know that your deep interest in the subject, and the trouble 
you have taken already would naturally cause you to wish for suc- 
cess, but the time and pains you have spent upon it, not to speak 
of the hundreds of dollars you advanced to carry on the work at 
a time when their return by the State seemed doubtful, have put 
such spirit into my department that I can not but feel grateful. 

Very respectfully. 

W. G. FORD, Je., 

B7igineer. 



Report of J, W. Mersereaii, State Oyster Protector. 



No. 80 Fulton Market, | 

New York City, November 30, 1887. j 

Eugene G. Blackford, Esq., Commissioner of Fisheries in charge 
of Oyster Investigation, New York : 

Dear Sir. — I liave the lionor to transmit herewith the report of 
the State oyster protector for the year ending November 80, 1887. 

Very respectfully. 

JOS. W. MERSEKEAU, 

State Oijster Protector. 



No. 80 Fulton Market, \ 

New York City, Novemher 30, 1887. j 
Eugene G. Blackford, Esq., Commissioner of Flslieries in. charge 
of Oyster Investigation: 

Dear Sir. — I respectfully submit the following report of my 
operations as State oyster protector for the year ending Novem- 
ber 30, 1887. 

Since my last report, in accordance with your directions, I have 
reported daily at this office except on the dates hereinafter men- 
tioned, viz. : December 25, 1886, January 1, 1887, February 8, 1887, 
July 1, 1887, and November 8, 1887. 

I have been on duty only part of a day on the dates hereinafter 
mentioned, viz. : January 18 and 19, 1887, February 22, 1887, May 
30 and 31, 1887, and November 21, 1887. On all other days from 
November 30, 1886, to November 30, 1887, inclusive (except Sun- 
days), I have been on dut}^ all day subject to your instructions. 

I have conferred with you in respect to the execution of the 
various duties appertaining to this office, and have acted in accord- 
ance with your directions. 

I have frequently visited and examined various localities, espe- 
cially manufacturing districts, and those points from which the pol- 



Oyster Investigation and Shell-Fish Commission. 37 

lution of the waters might be expected. In making inspections, I 
have used steam tugs or such other method of travel as would best 
serve my purpose to reach the desired locality. 

The particular time of the tide, hour of the day, and time of the 
week, being selected as would be most advantageous to detect the 
emission of deleterious matter from the respective establishments, 
and best evade the lynx-eyed watchmen at the several points, part 
of whose duty seemed to be to observe my arrival and movements. 
I therefore visited suspected points at irregular intervals, some- 
times twice a day, or several days in succession. I would then 
inspect a distant point without notice to the j)arties as to my 
intended visit. In this way I endeavored to render the emission 
of refuse, hazardous, and found the scheme worked well. 

I am pleased to report that during the year past there has not 
been a repetition of the offense of dumping garbage in the vicinity 
of the oyster beds in Long Island sound. The salutary effect of 
the successful prosecutions of this class of offenders in the courts 
of Westchester county, has given a quietus to the indiscriminate 
dumping of garbage upon oyster territory in that section, 

I am pleased to state that our efforts in above matter were 
efficiently supported by District Attorney Nelson H. Baker and 
other officials of Westchester county. I have written to District 
Attorney George Gallagher, of Richmond county, as to the status 
of the three (3) cases (indictments of oil refiners) in said county, 
and he reports the cases to be yet pending. 

In justice to the indicted parties I must say that since the indict- 
ments were obtained there has been an earnest effort upon the part 
of oil refiners and other kindred manufacturers, Avhose works are 
located on the shores of the Kill von KuU and Staten Island sound, 
to reduce the volume of obnoxious effluents from their respective 
establishments to a minimum, by perfecting the methods of arrest- 
ing the outflow of refuse by the construction of new and additional 
safeguards, as hereinafter particularly mentioned." 

The following extracts are from the report, in 1886, of Walter H. 
Kent, Ph. D., chemist, to Andrew Otterson, M. D., commissioner of 
the department of health of the city of Brooklyn, relative to the 
emission of sludge acid into Newtown creek, and which is perti- 
nent to other localities : 

" As bearing on the subject in hand, a word on the method of 
oil refining, with regard to the origin and nature of sludge acid and 
other refuse, may not be out of place. 



;:J8 Repout of Oyster iNVESTrciATiON' 

" Tlie method of oil refining is in tlie main a process of fractional 
distillation, and tlie portion distilled off between such and such 
temperatures are in turn discharged into the tanks provided for 
naphtha, gasoline, kerosene, etc. In the retorts there remains a 
tarry substance containing the paraffine, which is finally withdrawn 
and either sent to the parafhne works or mixed with coal dust and 
burned as fuel for heating the retorts. The kerosene, as it comes 
from the stills, needs further treatment to deprive it of its dark 
color and of the adhering volatile substances which tend to make 
it dangerous to burn. To deprive it of its dark color it is mixed 
in the ' agitator ' with concentrated sulphuric acid 66 B. (sp. gr. 
1.84) and thoroughly agitated by forcing air into the mixture. The 
strong acid has the property of taking from the kerosene the color- 
ing or tarry matter, which, with the acid, forms a black, heavy 
liquid, known as sludge acid. It readily separates from the lighter 
kerosene, and is run off into tanks where the small amount of 
adhering kerosene further separates, after which it is transferred 
to the storage tanks. This waste acid has some peculiar proper- 
ties. The tarry and carbonaceous matters held in solution very soon 
act as reducing agents on the sulphuric acid, forming sulphurous 
acid by a reaction like the following : 

" Ho S O4 + tarry substance = S O^ + H. O (from the H^ S O4) 
-j- H.2 O and possibly C O (from the oxidation of carbonaceous 
matter). Very naturally the extent of this action varies with the 
temperature. In winter it is claimed to be slight, while in summer 
it becomes very offensive, undergoing, as the workmen improperly 
term it ' a process of fermentation ; ' but which is only an ordi- 
nary case of reduction. The suffocating and irritating gas of 
sulphurous acid is the gas which gives to burning sulphur its 
characteristic odor. If mixed with a small amount of water of 
steam, the heat engendered by the action of the water on the sul- 
phuric acid assists in the action of reduction. 

" When discharged into water, the sulphuric, acid so far as it 
comes in contact with the water, is taken up and, of course, forms 
a clear solution, while the tar, with the large amount of acid it 
contains, forms a semi-solid mass which mostly falls to the bottom. 
The tar is insoluble in water and when thoroughly freed from acid 
forms a wax-like, nearly solid mass. 

"The sulphurous acid is also dissolved or absorbed by the water. 
After withdrawing the last portion of sludge acid from the agitator, 



AND (SiiELL-Fisn Commission. '?,{) 

the kerosene is freed from acid so far as possible by washing with 
large quantities of water ; then to secure the removal from the oil 
of the last traces of acid, it is agitated with a relatively small 
amount of caustic soda and further washed. 

" The amount of acid the wash-water contains depends on the 
care with which the last portion of sludge acid is withdrawn ; but 
by the present method of working a small amount of acid here 
finds its way into the creek. 

" The question of removing this acid by neutralizing in some 
properly constructed tank needs, I think, further attention. The 
wash-water is freed from the small amount of oil it contains by 
allowing it to pass a sj^stem of ' traps ' or tanks (see second annual 
report of the State Board of Health, page 387), where the oil is 
retained, and from which the wash-water is discharged into the 
creek. 

" Here is the general source of the oil which is often found on 
the creek. I have obtained samples of the wash-water as it was being 
discharged into the creek, and generally find that on standing in 
the laboratory more or less rises to the surface. The efi'ect of oil 
on the creek is to increase the danger of fire, to kill the grass on 
the shores, and to give the shores a dark greasy appearance. It is 
also said that the oakum calking in boats plying on the creek very 
soon degenerates so as to cause a leaking. This is readily under- 
stood from the action of the oil. Oil is a solvent for tar, and as 
oakum is finely divided tarred rope, the tar is removed by the oil 
and the structure of the oakum is thereby weakened. 

" It having been asserted on the strength of a supposition that 
the waste acid has run into the creek by underground pipes which 
terminate and discharge somewhere in the bottom of the water, it 
was very soon concluded that any amount of insjjection by watch- 
ing along the creek would probably be entirely futile in discovering 
any offense under cover of such ingenious schemes. It was evi- 
dent that if I could ascertain the amount of fresh sulphuric acid 
used for a given time, and obtain a statement of the amount of 
sludge acid sent to sea or elsewhere for the same period of time, 
I would be able to calculate the relation between such amounts 
and ascertain, approximately at least, whether the fresh acid used 
was accounted for in the amount of sludge acid disposed of. Hence 
I concluded to extend my efforts in this direction to find what 
facilities the refineries had for storing and disposing of the sludge 



40 Report of Oyster Investigation 

acid, aud to do what I could by sncli facts as could be obtained by 
open inspection. 

" Sucli a method wonld lead to results expressed in figures 
which might indicate whether the acid used was delivered to the 
boat in the form of sludge acid. That this method involved cer- 
tain possible eijors was readily seen, but it seemed to form a basis 
for a procedure from which there might be hopes of eliminating 
the errors to such an extent as to give satisfactory results. 

" During this investigation, involving as it has many inspections, 
I was led to think from the uniform courtesy which I received, the 
fairness on the part of those whom I met, the facilities at hand for 
the disposal of the sludge acid and the apparent thoroughness of 
the work, that there was not ground for serious complaint ; and it 
was not until the results in the above table were obtained that 
unsatisfactory indications were shown. The elaborate table of 
statistics above referred to is not here introduced, but suffice 
it to say that from the various refineries therein enumerated only 
the following respective percentage was accounted for, viz. : 93.8, 
69.5, 71.5, 842, 74.3, 78.0, 92.5 and 96.5. 

" In seeking an explanation for these low results among the com- 
panies concerned, it was ascertained that some have been using the 
sludge acid for fuel. To do this the acid is partly freed with water 
and the resulting tar mixed with coal dust and burned under the 
retorts. The acid, freed by the means of the water, finds its way 
sooner or later into the creek. 

" In a subsequent report Mr. Kent says : " Since my former 
report I have again inspected those refineries located on Newtown 
creek. Their condition is ap23arently the same as represented in 
my previous report ; and as there shown, there is a large percent- 
age of acid still unaccounted for. Whether this will be found in 
the wash-water from the agitators, or in the portion reduced and 
vaporized, or disposed of in some way still unknown, further 
inspection is necessary to show." 

In addition to the system in vogue with oil refiners of trapping 
the wash-water from the agitators (alluded to in the aforesaid 
report of Mr. Kent), some refiners have constructed large tanks 
into which the water from the agitators and condensers is pumped 
aud allowed to rest, which quiet affords an opportunity for such 
oil as may be mingled with soda wash-water to separate. This oil 
is here collected and pumped back to be utilized. The remaining 



AN^D Shell-Fish Commission. 41 

water is then cliscliarged into the elaborate system of "traps," and 
an effort is here again made to arrest the outflow of such oily mat- 
ter as may not have been caught by the previous process. The 
" traps " are under the constant surveillance of operatives, who 
either bail or pump off the accumulation of oil floating upon the 
surface of each trap ; the water escaping, in the meantime, under- 
neath. The earth is completely saturated with oily refuse at an 
oil refining plant. A system of drainage has been found in some 
instances to be efficacious in collecting such sepiage and oily mat- 
ter, and conducting the same to a large well or receiver, which is 
" trapped," and from which the oily matter is pumped away to be 
utilized. 

Suspicious outlets have been closed at my direction. Notwith- 
standing the care taken to prevent the outflow of oily matter, 
nevertheless certain localities would constantly show the presence 
of oily refuse. Upon examination, it was believed to be due to 
sepiage. At my request, blanketing has been resorted to, and the 
refuse in this way collected from the slips and thus prevented from 
escaping into the stream. 

The refineries accumulate a vast amount of ashes and cinders 
which they use for filling in purposes ; the refineries of this section 
being located upon the banks of streams and in many instances 
upon marshland, the cinders are utilized in filling in bulk-heads or 
in raising the elevation of the grounds. The porosity of this fill- 
ing allows the enormous quantity of oily refuse to percolate freely 
and ultimately reach the banks of the stream, and pollute the water 
of the vicinity ; if the refuse is not collected by blanketing at this 
juncture, it being then subject only to the force and direction of 
•the wind and current, it is carried far away on its evil errand. 

Sludge acid and kindred refuse has been also, in many instances, 
used for filling in purposes and being subjected to the varying 
conditions of frost, heat and rain adds to the accretions of leaks 
from the many underground pipes. All this accumulation of oily 
matter naturally follows the underground currents, and is finally 
emptied at the banks of the stream, and then appears upon the 
surface of the open water. 

The loss of oil from the leakage of underground pipes is a mat- 
ter of serious importance, not only as to the ultimate pollution of 
the stream as hereinbefore shown, but as a serious loss to the oil 
refiners. Some of the refiners at Bayonne are taking up their 
6 



42 Report of Otsteb Investtgatton 

undergroiTiid pipes and intend to have all tlie oil pipes in their 
yards above ground so that a leak can be easily observed and cor- 
rected. This must, to some extent, tend to improve the condition 
of the streams. 

I have noticed that after lieav}^, drenching rains the river in the 
vicinity of the oil refineries presents a revolting spectacle of oily 
refuse washed from the oil j'^ards. It might not be easy to con- 
vince the casual observer, but that the oil refiners had intentionally 
discharged refuse into the stream. 

The system of drainage hereinbefore indicated will operate as a 
check to the outflow from the cause last mentioned. Frequent 
ius]:)ections of the suspected localities have resulted in the aboli- 
tion of the former practice of discharging sludge and hea\y refuse 
into the stream in the vicinity of the refineries. 

Some of the sludge acid is carried to sea by steamers specially 
adapted for the purpose of receiving and discharging the 
same. Some of the refiners manufacture a weak acid from the 
sludge which they sell to manufacturers of fertilizers ; while some 
refiners sell the sludge direct to the fertilizing companies. In 
other instances as aforesaid it has been used for filling in about the 
oil plants. The other residuum of heavy refuse, tar, etc., is used 
by the parafline works, gas works, and to some extent for fueh 
Thus the accumulation of refuse can be disposed of in various 
ways without detriment to the public, and especially to the fish 
and shell-fish industr}^ 

Another prolific source of trouble is the pollution of the waters 
which comes from the discharge of the contents of the " water bal- 
last tanks " of the oil ships at the wharves, when about to receive 
their cargo of oil at the refinery. 

It has been the custom to load many large vessels with oil for 
foreign markets. Much more oil is now carried in bulk in tanks 
(instead of barrels or cans) than formerly. When these tank ves- 
sels discharge their cargo abroad, it is customary to pump water 
into certain lower tanks for ballast for th(^r return to this jjort. 
When about to load these vessels at the refineries the water bal- 
last (the contents of the tanks) and the bilge-water is pumped out 
and discharged into the stream. Owing to leakage from tanks the 
said ballast water and bilge water contain a certain accumulation 
of oil which has hitherto been discharged into the stream. 

One of the superintendents of the Standard Oil Company said 



AND Shell-Ftsh C03IMTSST0N. 43 

that tliat company would arranf^e so that the oil from tank vessels 
could be pumped into a receiving tank at the oil yards and utilized 
instead of being as heretofore discharged into the stream and 
wasted. 

While it may be impossible to so conduct an oil refinery as to 
prevent the outflow of the slightest trace of oil, yet much has been 
accomplished and I think better results can be obtained. Some 
refiners have informed me that although the erection of several 
tanks (to hold wash-water for rest and oil separation) has cost 
them $750 each, they are not at a loss thereby, as experience has 
shown them that they collect mau}^ hundreds of barrels of oil per 
month which heretofore they discharged unknowingly into the 
stream with the wash-water, not thinking that the percentage of 
loss was as great in this direction as has been shown to be the 
fact by collecting the oil from the rest tanks as hereinbefore 
indicated. 

Another source of pollution of the streams with oil exists in the 
matter of an oil pipe which belongs to the Tidewater Pipe Line 
Co. This oil pijDe extends from New Jersey across the extensive 
natural oyster beds in Staten Island sound to a point on Staten 
Island, thence across meadow land, thence to the flats opposite 
Elizabethport, N. J., thence across the channel between Staten 
Island and New Jersey, thence across Newark bay to the main- 
land, thence to Bayonne, N. J. This pipe has broken several times 
during the past year covering the water of the section with great 
quantities of crude oil. In one instance the vast quantity of oil 
from said source covered the main stream (where passenger 
steamers and vessels of various classes navigate). By some means 
it became ignited ; the river in the vicinity became a sheet of 
raging flame and a large schooner lying out in the stream was 
completely enveloped by the flames upon the water and destroyed, 
being burned to the water's edge. The vessel was valued at 
$10,000 which amount, I am informed, was recovered from the 
Pipe Line Co. I ain informed that the aforesaid company has 
authority from the State to construct said pipe line. 

The universal testimony of the users of the Kill von Kull and 
Staten Island sound is to the effect that the condition of the 
streams during the past year has been much better than for any 
like period since the establishment of the oil refineries and 
kindred establishments along the shores of said streams. 



44 Report of Oyster Investigation 

Your attentiou is respectfully asked to copies of several com- 
mendatory letters upon the foregoing subject received from various 
classes of citizens using said streams, wbicli matter is appended 
to this report. 

I have frequently inspected Newtown creek. It also appears to 
better advantage this year than formerly. While frequent inspec- 
tion of this section has rendered the reckless discharge of refuse 
hazardous, it is but just to say that the various oil refineries there 
located are under the same general control and management, as are 
the large oil companies located at Bayonne, which influence must 
be credited to some extent with much of the improvement 
observed. 

I noticed that the glue works located on the Kings county 
side of Newtown creek, near Maspeth avenue, was discharg- 
ing much refuse into the creek. The discharge colored 
the water for a considerable distance from the outlet and 
also precipitated a heavy deposit. I obtained several sam- 
ples of the discharge, and also samples of the deposit were 
taken from the bottom at mouth of outlet. I notified the parties ; 
they subsequently called at this office and agreed at once to begin 
the construction of large vats in which the waste wash-water is to 
be allowed to rest and settle ; the clear water then to be discharged. 
There are many public sewers carrying the miscellaneous accumula- 
tion due to the populous cities of Brooklyn and Long Island City, 
which sewers empty their contents into the creek ; consequently 
the creek can not be expected to be as completly free from pollution 
as it was in the earl}- days of the "oldest inhabitant" when his 
neighbors were few and the present numerous industries were 
undreamed of. Most of the available space on either side of the 
creek (as far as navigation extends) is now occupied by manufac- 
tories of various kinds and frequent inspections are required to 
restrict the emission of refuse. 

Gas-works have also been a prolific source of trouble. The 
refuse emitted therefrom being very similar to the refuse from oil 
refineries, and not less disastrous to oyster interests. In some 
instances the volume of the pollution exceeded that which would 
be observed at an oil refinery. 

The slips and river in the vicinity of gas-works have been 
observed to be covered with a heavy tarry and oily refuse which 
being subject only to the force and direction of wind and tide, the 



AND Shell-Fish Commission. 45 

pollution is carried to distant points. The gas-works near tlie 
head of Gowanus creek were found to be emitting refuse. Samples 
were obtained, and the parties notified to discontinue the emission 
of gas refuse into the creek. Tliej said, in reply, that they had 
constructed safeguards against the emission of refuse, and if any 
had escaped, it was due to the negligence of employes and that 
greater care would be taken in future. 

The gas-works at foot of Hudson street, East river, Brooklyn, 
were found to be discharging much foul matter ; upon a notice 
being sent to the parties, they said that they would cause an 
examination to be made, and arrest the outflow of refuse from their 
works. I have since frequently inspected the dock front of this 
company and have noticed nothing of a foul character flowing from 
the outlet at which I had obtained several samples of refuse 
previous to said notice. 

At the works (two plants) of the Consolidated Gas Company, 
and at the works of the Equitable Gas-Light Company of New 
York, I observed that much refuse matter was being discharged 
into the river. 

Both companies were warned to stop the .emission of refuse from 
their gas-works into the stream. The offense continued. I there- 
fore presented complaints to the grand jury of the county of New 
York, and noted sixty-three (63) samples of refuse which I had 
obtained, each bottle being particularly marked as to exact 
locality, date, etc., and with such further inscriptions as were suit- 
able to the case, as "hot discharge," "bottle held at outlet," "pro- 
fuse discharge," "steaming," "vapor j)ainful to the eyes," "surface 
at point of contact of effluent," " incrustation of dock at outlet," 
"deposit taken from bottom at outlet," etc. 

The Consolidated Gas Company and the Equitable Gas Light 
Company were indicted upon aforesaid complaints. Three indict- 
ments were obtained; two against the Consolidated and one 
against the Equitable Company. I have obtained many samples 
of refuse emitted into Flushing bay by the dye-works at College 
Point. The water of the bay is at times colored crimson, blue, 
green, yellow or black, as the case may be. The shell-fish upon 
the banks of the bay were found to be rotten, poisoned by the sul- 
phuric acid and refuse emitted as aforesaid, which not only kills 
shell-fish by contact, but also operates in changing the character 
of the vegetation upon the bottom, thus affecting the supply of 
food for fish and shell-fish. 



46 Report of Oyster Investigation 

Several complaints have beeu made to this oiSce iu respect to 
the emission of said refuse. I investigated the matter, and learned 
that the parties did not discharge their refuse from their works 
directly into the bay by means of a private outlet, but that they 
used the public sewers, and had permission from the village 
authorities to do so. I then wrote the president of the village as 
to the facts of the case, and asked for their aid in eradicating the 
evil. I have received no response to my letter. Several applica- 
tions have beeu received from dredging companies to have some 
suitable point in the deep water of Long Island sound (within the 
limits prescribed by chapter 300, Laws of 1886) set apart for 
depositing dredging of slips. Certain contractors desire a similar 
privilege extended to them to deposit cellar dirt and other earth. 
I have written to the Attorney-General of the State as to the mat- 
ter, and have beeu by him referred to the district attorney of the 
particular county to be aidfected by such deposit of aforesaid 
material. Upon the advice of such district attorney, I protested 
against the deposit of the aforesaid material as proposed. 

The existing law on the subject directs that aforesaid material 
shall be deposited al)ove high-water mark, or behind a safe bulk- 
head, or at a point to be designated at sea. 

Oystermen com})lain that under the cover of night dredgings from 
slips and other refuse is deposited near and upon oyster grounds 
to their injury. 

Steam dredges are continually operating in and about the slips 
and water-ways of this section. The vast accumulation of material 
from this source, together with sand, mud, earth, cellar dirt, stone, 
ashes, cinders, ballast, or other heavy substances of various 
descriptions obtained from and about the lai'ge cities of this sec- 
tion, aggregates into an enormous volume. The numerous scows 
laden with above named materials are towed from their base of 
operation at day or night, as the tide may suit. 

It is not an uncommon sight to observe scows laden with dredg- 
ings being towed during the day to some convenient point and 
made up in tows, the cargoes to be dumped at night. The indis- 
criminate dumping of mud dredgings from slips materially injures 
the harbor. I liave not personally observed such illegal dumping. 
Boatmen have informed mo that while navigating New York bay 
and Earitan bay at night they have been sufficiently near tows of 
aforesaid character to hear the operation of dumping. In no 



AND Shell-Fish Co3imission. 47 

instance did tliey obtain sucli evidence as would specifically fix the 
offense upon any particular party. 

In some instances the tug towing the scows at night violated the 
law by not having lights set. This, of course, was to prevent detec- 
tion. In some" instances it is believed that the offenders pro- 
ceeded from the slips at Perth or South Amboy, or other points in 
New Jersey. 

The recent establishment of the State boundary line in Raritan 
bay, and the marking of the same by a line of buoys, will be of 
assistance in determining the location for future offenses of afore- 
said character in that vicinity. It is also of great importance to 
the fish and shell-fish industries, as it will settle the vexed ques- 
tion as to the limits of the respective jurisdiction of the State of 
New York and State of New Jersey as to the extent of oyster and 
clam territory in that section. 

The boundary line^decided upon redounds to the credit of the 
commissioners charged with the work. It will give general satis- 
faction, and can be accepted upon the part of both States upon the 
full assurance that equal and exact justice has been done to all 
interests concerned. 

The rej)rehensible practice of dumping in the harbor in disregard 
of certain bounds and limits could be stopped as effectively as in 
the matter of dumping at Execution light, Long Island sound, 
last year, if the proper actions be taken. 

I would respectfully renew and amend my suggestion in my last 
report, " That to abolish the nefarious practice aforesaid, the 
present success of which is mainly due to its being done under 
the cover of night, would be to enact a law forbidding the dump- 
ing of garbage, dredgings and other refuse matter into the waters 
of this section, except in the daytime, at certain points to be 
designated. This would have a signal effect in correcting the evil 
complained of, and also to impose upon the offender a heavy fine ; 
and allow any citizen to become an informer ; and entitle such 
citizen acting as an informer to an equitable proportion of the fine, 
after the cost of prosecution be first deducted from the fine imposed. 
Upon the New Jersey shores of the Hudson river, New York 
bay, Kill von Kull, Staten Island sound and Raritan bay, are 
located many oil refineries and kindred establishments emitting 
refuse into the said waters; dredging from slips, and other refuse 
from the State of New Jersey, is deposited into the waters of the 



48 Report of Oyster Investigation 

State of New York to the injury of the oyster industry and otlier 
important interests." 

I would, therefore, suggest that a conference be had between the 
hiw making ])owers of both States aforesaid, to the end that each 
State enact a hiw of like tenor and purport to remedy the aforesaid 
evil. 

To guard efficiently the vast territory comprising a part of Long 
Island sound, East river, Hudson river, New York bay. Kill von 
Kull, channel between Staten Island and New Jersey, Staten 
Island sound and Raritan bay, is a Avork of no small character. 
The small appropriation allowed for this purpose precludes the 
possibility of such supervision as the importance of the great 
oyster industry demands. 

Summary for the Year ending September 30, 1887. 

Days on -which I reported for (bxty 308 

Days on which I remained on duty all day 302 

Days on which I remained on duty only part of a day .... 6 
Days on which I did not report for duty (not including 

Sundays) 5 

Suits pending in Richmond county 3 

Suits pending in New York county 3 

Inspection still in progress. 

Salary. 

Balance available on November 30, 1886 $500 02 

Amount ap})ropriated in June, 1887 (chapter 195) 1,000 00 

$1,500 02 
Amount received for year ending November 30, 1887. . 1,000 00 

Balance available for ensuing year $500 02 

For TrdveVmij and Incidental Expenses a)id Assistant 

Balance available on November 30, 1880 $468 15 

Amount appropriated in June, 1887 (chapter 195) 750 00 

$1,218 15 
Amount disbursed for year ending November 30, 1887, 390 42 

Balance available for ensuing year $827 73 



AND Shell-Fish Commission. 40 

General. 

For Expenses of State Oyster Protector. 

Amount appropriated in June, 1887 (chapter 4G0) $750 00 

Amount disbursed for services of tug-boats and small- 
boats since June, 1887, being the six months ending 
November 30, 1887 262 75 

Balance available for ensuing year $4:87 25 

In order to be prepared for any emergency that might arise 
during the year demanding special work, with its corresponding 
increase of expenditures, I have been compelled to so economize in 
the matter of disbursements as to forego certain necessary Avork ; 
therefore the balances existing as above shown do not by any 
means indicate that the appropriations heretofore stated are ade- 
quate for the work of guarding the vast oyster territory of the 
State. 

I respectfully suggest that inasmuch as my time as above shown 
has been entirely devoted to the public service, my request hereby 
made for an increase of salary is not without reason. A sufficient 
appropriation should also be made to provide for the maintenance 
or frequent hire of a steam patrol vessel to pro]3erly and expedi- 
tiously answer the demands of the service. 

Very respectfully. 

JOS. W. MEESEREAU, 

State Oyster Protector. 



Mariners' Harbor, S. I., November 21, 1887. 
Eugene G. Blackford, Esq., Shell-Fish Commissioner, New York 
State : 
Dear Sir. — We, the undersigned oystermen, join in expressing 
our appreciation of the improvement noticed during the past year 
in the condition of the Kill von Kull and Staten Island sound. 
Said improved condition we attribute to the energetic action of 
yourself and State Oyster Protector Joseph W. Mersereau in 
enforcing what is known as the sludge acid law. The sludge acid 
nuisance was becoming unbearable, the heavier portion settles 
upon and destroys the natural oyster beds, the lighter oily refuse 
7 



50 Report of Oyster Investigation 

enters and covers the surface of the oyster floats in which oysters 
are phiced to freshen for market. 

If the oysters in being taken from the floats are raised through 
a surface of oily refuse it adheres to the shells, and in the process 
of opening the oysters become impregnated with an oily taste 
which injures their market value. 

We earnestly desire a vigorous enforcement of the law against 
depositing sludge acid and other oil}' refuse into our waters and 
trust that yoa will continue the fight against the pollution of our 
waters. 

BEDELL JONES. CHARLES VAN NAME. 

AMOS MERRELL. CHARLES M. DECKER. 

DOUGLAS THOMPSON. HENRY FISHER. 

EDGAR MERSEREAU. MOSES VAN NAME. 

GEORGE A. SHARRET. RUSSELL TOMLINSON. 

A. W. STINEMIRE. JOSEPH LA TOURETTE. 

EDMOND DECKER. AARON BUSH. 

DAVID LA TOURETTE. ABRAM MARTINEAU. 

EDDIE MARTINEAU. G. M. SHOTWELL. 

JOHN B. KING. ABRAM KRUSER. 



West Poet Richmond, S. I., November 21, 1887. 
Joseph W. Merserea.u, Esq., Sfeite Oijstcv Protector: 

Dear Sir. — I take pleasure in saying that since Commissioner 
Blackford and yourself began the enforcement of the law against 
those who pollute our waters with oil refuse there has been a 
marked improvement in the condition of the Kill von KuU. 

I am daily about my railway and beach and have observed that 
there has been much less pollution of the river this year than for 
any like period since the establishment of the oil refineries along 
the shores of the Kill von KuU and Staten Island sound. 

On two or three occasions during the past spring and summer 
I noticed that the surface of the water in the vicinity was covered 
with an oily film ; I have observed that this was not refuse -from 
the oil refineries, but was due to the breaking of an oil j^ipe 
recently laid across Staten Island sound. 

The fish and shell-fish industry is not alone injured by the 
pollution of the waters ; it works great injury to boating and 
yachting and consequently injures my business ; as yachtsmen will 



AND Shell-Fish Commission. 51 

not frequent tlie Kill von Kull as a place of anchorage, nor will 
they use our ship yards, and railways for repairing, painting, etc., 
if their vessels are to be subjected to the great volume of pollution 
heretofore encountered in this vicinity. 

Previous to the enforcement of the law against the pollution of 
our waters, I have been compelled repeatedly to scrape the thick 
oily refuse from my railway before my men could begin their work 
upon the vessels which were hauled out upon the ways. 

That it has not been necessary to cleanse my ways during the 
past year I attribute to the enforcement of aforesaid law. 

I earnestly hope that the good work will l)e continued until the 
evil is entirely eradicated. 

Yours truly. 

LEWIS S. St. JOHN. 



Marinees' Harbor, S. I., November 22, 1887. 

Joseph W. Mersereau, Esq., State Oyster Protector : 

Dear Sir. — In the prosecution of my coal business, I am 
required almost daily to pass along and over the Kill von Kull j 
and am pleased to say that there has been much less oil refuse 
upon the river during the last year, than during any year since the 
oil refineries were located on said stream. 

I think the improvement in the condition of the river is due to 
the energetic action of Commissioner Blackford and yourself in 
compelling the oil refiners to respect the rights of all users of our 
waters. 

Yours very respectfully. 

GEO. W. THACKERY. 



West Port Richmond, September 30, 1887. 
Joseph H. Mersereau, Esq., State Oyster Protector: 

Dear Sir. — I am engaged in operating a ferry across the Kill 
von Kull. I am daily upon the river and about the beach, and 
desire to add my testimony to that of the general public, that for 
the last year there has been much less oil refuse upon the water in 
the vicinity than heretofore. 



5'2 Oyster Investigation and Shell-Fish Commission. 

Commissioner Blackford and yourself deserve the thanks of 
watermen for the great improvement which has taken place in the 
condition of the river since the enforcement of the law against the 
pollution of our waters by oil refuse. 

Very truly yours. 

HENEY KING. 



Mariners' Harbor, S. I., November 23, 1887. 
Joseph W. Mersereau, Esq., State Oyster Protector : 

Dear Sir. — Since Commissioner Blackford and yourself began 
the enforcement of the law against the sludge acid nuisance there 
has been a very perceptible improvement of the condition of the 
surface of the Kill von Kull and Staten Island sound. 

Had the emission of refuse continued or increased, as it very 
probably would have done if not restricted by law, it would have 
materially injured if not destroyed several business interests along 
our shores. I am daily upon my coal wharf or upon and about the 
river and know whereof I speak. 

I trust the oil refiners will be compelled to continue the 
observance of the law against the pollution of the waters with oil 
refuse. 

Yours truly. 

MATTHIAS DeHAET. 



Proportions of Nutritive Ingredients, Water and Refuse 
in Food Materials. 



PERCENTAGES INDICATED BY COLORED SPACES. 

NUTRIENTS. NON-NUTRIENTS. 



!^ 



Protein. Fats. Carbohydrates. Mineral Water. 

FieBh-fonninK Bub6tanc«s, Oily and fatty Sugar, Starch, Matters 

as the "lean" oJ meat, casein gnbetances. glycogen, CtC. 
(curd) of milk, gluten of o j o i 

wheat, etc. 

Beef, round, rather lean 

Beef, sirloin, rather fat 

Mutton, leg 

Smoked Ham 

Pork, very fat, salted * 

Flounder, whole 

Codfish, dressed 

Mackerel, whole 

Salmon, whole 

Salt Cod * 

Smoked Herring 

Oysters in shell, avge. 

Long Clams 

Round Clams 

Mussels 

Lobsters 

Crayfish 

Beef, round, rather lean 

Beef, sirloin, rather fat 

Mutton, leg 

Flounder 

Codfish 

Mackerel 

Salmon 

Oysters, bestf 
' ' poorest f 
' ' average 

Long Clams 

Round Clams 

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Scallops 

Lobsters 

Crayfish 
Cows' Milk 
Cheese 
Butter 
Wheat flour 
Potatoes 




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APPENDIX "A." 

OYSTERS AS FOOD. 



By W. O. Atwater, 
Professor of Chemistry. Wesleyan University. 



Very little is popiilai-ly known and widely varying views are held 
with reference to the value of oysters and other shell-fiah for food. 
Although a great deal of scientific research has of late been given to 
the subject of food and nutrition, these particular kinds of food have 
been studied but little, and what has 1 )een done is slow in getting into 
print and becoming generally known. The lack of popular knowledge 
of the subject is, therefore, easy to understand. The object of the 
present article is to give a brief summary of the results of studies 
conducted in the laboratory of Wesleyan University under the auspices 
of the United States Commission of Fish and Fisheries.* 

Speaking roughly, a quart of oysters contains, on the average, about 
the same quantity of actual nutritive sul)stance as a quart of milk, or 
a pound of very lean beef, or a pound and a half of fresh codfish, or 
two-thirds of a pound of broad. But while the weight of actual 
nutriment in the different quantities of food materials named is very 
nearly the same, the quality is widely different. That of the very lean 
meat or codfish consists mostly of what are called in chemical langiiage 
protein compounds, or " flesh formers," the substances which make 



* The studies belong to an investigation of the chemical composition and 
nutritive values of American food fishes and invertebrates, one of tlio 
investigations that are carried on with official aid, in this case that of the 
United States Commission of Fish and Fisheries, but of which the larger 
part of the pecuniary expense is paid from private sources. It is proper 
that I should say here that the part of the investigation which has to do 
with oysters and other shell-fish would not have been undertaken had not 
the expenses of beginning it been in part defrayed by a personal contribu- 
tion from Mr. E. G. Blackford, Fish Commissioner of th(^ State of New 
York. Preliminary accounts of the woiic have been given in the commis- 
sioner's reports of the United States Commission of Fisli and Fisheries for 
1880 and 188:$. (Published in 1883 and 1885.) 



54 Report of Oyster Investigation 

blood, muscle, tendon, bone, brain and otlier nitrogenous tissues. 
That of the ))read contains but little of these, and consists chiefly of 
starch, with a little fat and other comjDOunds which serve the body as 
fuel and supply it with heat and miiscular power. The nutritive sub- 
stance of oysters contains considerable of both the " flesh forming " 
and the more especially heat and force giving ingredients. Oysters 
come nearer to milk than almost any other common food material as 
regards both the a}nounts and the relative proi:)ortions of nutrients, 
and the food values of equal weights of milk and oysters, i. e. their 
values for supplying the body with material to build up its parts, 
repair its wastes and furnish it with heat and energy, would be pretty 
nearly the same. But while this statement is reasonably correct, the 
studies thus far made are not sufficient to assure us of its absolute 
accuracy. 

The differences which oystermen observe in the quality of oysters 
from different localities, of different age, and grown under different 
conditions, are made clearer and are to a considerable extent explained 
by chemical analysis. Taking the oysters in the shell, the proportion 
of shell contents, " meat " and " liquor " together increases relatively 
to the whole weight as the animal grows, at least up to a certain limit. 
In other words a bushel of mature oysters will " open " more quarts 
than a Inishel of the very young animals. But the differences between 
different kinds, or between specimens of the same kind under different 
conditions, are very wide. 

Taking the edible portion of the oyster, after it has been removed 
from the shell, the differences are much greater than peoj^le com- 
monly suppose. This is apparent when we comj^are either the flesh, 
"meats," or liquids, "liquor," of different specimens, or the whole 
edible portion, meat and liquor, "solids" together. The percentage 
of water in the edible portion of the different specimens of oysters 
reported in the tables beyond, varied from 83.4 to 91.4 joer cent, 
and averaged 87.3 per cent. This makes the amounts of " water-free 
substances," i. e. actually nutritive ingredients, vary from 16.6 to 8.6 
and averaged 12.7 per cent of the whole weight of the edible j)ortion 
(shell contents) of the animals. In other words the contents of nutri- 
tive material in a quart (two pounds) of shell contents, "solids," 
varied from 2| to h\ ounces. The proportion of nutritive substance 
was twice as large in the one case as in the other. 

The large table at the end of the article (Table IV), gives con- 
densed results of chemical analysis of a considerable number of speci- 
mens of oysters, clams and other shell-fish, and Tables I, II and III 
give various details of composition of these and other food materials. 



AND Shell-Fish C'o3lmission. 55 

As the technical terms are somewhat unfamiliar, a few explanations 
will perhaps be in place here. 

If the reader will take the pains to notice the next piece of beef 
that he has to carve for dinner, he will, of course, notice first of all 
that along with the meat which is good to eat, there is more or less 
bone, which, except in so far as it may be used for soup, is of no value 
for food. The beef, then, may be regarded as consisting of edible 
portion and refuse. In eggs there is the same distinction between 
shells and the so-called "meat," and 03'sters and other shell-fish in 
like manner, include the shells, which are simply refuse, and the 
shell contents, which make u^ the edible portion. The inside of the 
potato and the wheat flour are the edible jDortion, and the skin and 
bran are refuse of potatoes and wheat. 
. If we take the beef and separate the meat from the bone, cut it into 
fine particles and keep it for a long time in a hot oven it will be gradu- 
ally dried, that is to say the water will be driven out of it and the so- 
called nutritive substance will remain. In the same way milk, eggs, 
oysters, potatoes and flour are found to consist of water and nutritive 
material. In estimating the value of these different materials for food 
we leave the refuse and the water out of account and consider only 
the nutritive ingredients. 

We may take a piece of beef, and after cutting out the bone and 
drying the meat, put the latter in the fire and burn it. Nearly all will 
be consumed, but a portion will remain as ashes. An operation of 
this sort is regularly carried on in the chemical laboratory in the 
analysis of meat and other food-materials. Portions are dried with 
proper apparatus, and the percentages of water and water-free sub- 
stances are determined. Other portions are burned, and the percent- 
ages of ash are found out. If we weigh the whole meat, bone and all, 
to start with, and afterwards weigh bone and other refuse and the 
meat, we can easily calculate the percentages of refuse and edible 
portion. If we then determine the percentages of water, water-free 
substance, and ash in the meat, we have made a fair start in the 
analysis for determining the food' value. The water-free substance 
contains all of the nutritive materials, or nutrients, but the analysis 
thus far has told only the percentage of ash, cfi* mineral matters. 
The proportions of the other ingredients mvist be found out before 
we can judge exactly of the food value. 

The meat consist of lean and fat. Part of the fat is in large lumj)s, 
which can be easily separated from the lean. We often cut out the 
fat and reject it instead of eating it. But a portion of the fat is in 
very fine particles diffused throughout the lean. Although a part of 



t)Cy Mepoft of Oyster Investigation 

this fat Ih in particles so fine as to be invisible to the naked eye, it is 
possible to separate them very completely from the lean by processes 
of analysis common in the laboratory. After the water and the fat 
have been removed from the lean meat, the material which remains 
will contain a little mineral matter, which would be left as ash if it 
were burned, the rest consists of so-called protein compounds. The 
protein is the chief constituent of Ush and eg'};s, as well as of lean 
meat. It occurs likewise in milk and in vegetable foods, such as 
wheat, corn, potatoes, etc. 

Fat is familiar to us in meat from which we get it in the form of 
tallow and lard, in milk from which it is obtained as butter, in the 
various oils, such as olive oil, cotton-seed oil, and the oils of wheat 
and corn. Larger or smaller proportions of fat are found in most 
food-materials. 

Potatoes, wheat and corn contain large proportions of starch. 
Sugar-cane and sorghum are rich in sugar. Starch and sugar are 
very similar in chemical composition, and are called carbohydrates. 
Other carbohydrates are found in animals and plants; such as inosite, 
or "muscle sugar," in muscle, and glycogen, or "liver sugar," in the 
liver. 

The mineral matter, or ash, which is left behind when animal or 
vegetable matter is burned, consists of a variety of chemical com- 
pounds commonly called salts, and including phosphates, sitlphates 
and chlorides of the metals calcium, maguesium,'potassium and sodium. 
Calcium phosphate, or phosphate of lime, is the chief mineral con- 
stituent of bone. Common salt is chloride of sodium. 

The number of different chemical compounds in our animal and 
vegetable food materials is very large, but leaving water out of 
account it is customary to divide the rest into the classes of which we 
have spoken, to wit: protein, fats, carbohydrates and mineral matters, 
and to look upon these as the nutritive ingredients, or nutrients, of 
food. The proportions of these ingredients are determined by the 
somewhat comjilicated methods of chemical analysis followed in the 
laboratory, but our every day handling of food-materials often involves 
processes, though crude ones, of analysis. 

We let milk stand; the globules of fat rise in cream, still mingled, 
however, with water, protein, carbohydrates and mineral salts. To 
separate the other ingredients from the fat, the cream is churned- 
The more perfect this separation, i. e., the more accurate the analysis' 
the more wholesome Avill be the butter. Put a little rennet into the 
skimmed milk, and the caseine, called in chemical language an albu- 
minoid or j^rotein comi^ound, will be curdled and may be freed from 



And Siiell-Pish CoMMissroNi 57 

the bulk of the water, sugar aud other ingredients by the cheese-press. 
To separate milk-sugar, a carbolfydrate, from the whey is a simple 
matter. One may see it done by the Swiss shepherds in their Alpine 
huts. But farmers find it more profitable to put it in the pig-pen, the 
occupants of which are endowed with the happy faculty of transform- 
ing sugar, starch and other carbohydrates of their food into the fat 
of pork. 

The New England boy who on cold winter mornings goes to the 
barn to feed the cattle, and solaces himself by taking grain from 
the wheat bin and chewing it into what he calls "wheat gum," 
makes, unknowingly, a rough sort of analj^sis of the wheat. With 
the crushing of the grain and the action of the saliva in his mouth, 
the starch, sugar and other carbohydrates are separated. Some 
of the fat, i. e., oil, is also removed, and finds its way with the 
carbohydrates into the stomach. The tenacious gluten, which con- 
tains the albuminoids or protein, and constitutes what he calls gum, 
is left. When, in the natural order of events, the cows are cared for 
and the gum is swallowed, its albuminoids enter upon a round of trans- 
formation in the boy's body, in the course of which they are changed 
to other forms of protein, such as albumen of blood or myosin of 
muscle; or are converted into fat, or are consumed with the oil and 
sugar and starch to yield heat to keep his body warm and give him 
muscular strength for his work or play. 

There, is unfortunately, a little confusion of terms in the usages of 
different writers on these subjects. Thus the words, protein, pro- 
teids and albuminoids are all applied to what we have here called the 
protein compounds. The term albuminoid, album-like, comes from 
albumen which is best known in the form of white of eggs, a typical 
albuminoid compound. The term 2:)roteids is applied by some 
writers to albuminoids and by others to very different classes of 
materials. The fats are sometimes spoken of as hydrocarbons, but this 
use of the latter term is very incorrect. 

These different classes of nutrients in food, to wit, protein, fats, 
carbohydrates and mineral matters, have different uses in nutrition. 
Muscle, tendon and bone are formed from the protein compounds. 
These are sometimes called flesh formers because they make flesh. 
Their chief use in the body is to make blood and to build up the 
muscle, tendon, bone, and other tissues which constitute the frame 
work of the body and repair them as they are being continually worn 
out by use. Brain and nerve are also formed to a considerable extent 
from the protein compounds of the food. The protein of the food is 
also formed into fat in the body aud serves as fuel to supply it with 
8 



58 Report of Oyster Investigation 

heat and muscle energy. The fats of the food are stored as fat in 
the body and may be transformed info carbohydrates, but their chief 
use is for fuel. The carbohydrates are transformed into fat in the 
body and may be stored as body fat, but their chief use is for fuel. 
The mineral matters make bone and have various other uses in the 
body. 

When we eat meat, then, its protein serves to make blood, bone, 
muscle, tendon, brain and nerve. We can also use it to make fat, 
and it is consumed, i. e., burned as fuel, to yield its heat, to keep 
our bodies warm and give muscular strength for work. The fat of 
the meat can not do the work of the protein in forming muscle, tendon 
and the like, but is much more valuable than j)rotein for fuel. Bread 
supplies us with protein and fat, and, also, with carbohydrates in the 
form of starch, dextrin and sugar. The protein and fats serve the 
same purposes as those of meat. The carbohydrates, which make up 
the bulk of the nutritive material of bread and potatoes, and of which 
only minutest quantities occur in the meat, are valuable chiefly as 
fuel, though they also yield fat. 

To recapitulate; the niitritive material of very lean meat and the 
leaner kinds of fish consists almost entirely of protein. Tallow, lard, 
oils and butter are fats. Sugar and starch are carbohydrates. All 
the different food materials contain mineral matters. Animal foods 
supply, chiefly, protein and fats. Most vegetable foods contain but 
little of these, their nutrients being chiefly carbohydrates. Beans, 
pease and other leguminous plants, however, supply considerable 
quantities of j)rotein. Milk differs from most other animal foods in 
that it has large quantities of a carbohydrate, "milk-sugar." O^'sters 
approach milk in comjDosition. 

For nourishment we need all of the different classes of nutrients 
and in proper proportions. Thus a day's food for an average man 
doing" moderately hard muscular work may ai^proi^riately sujijily, on 
the average, about four and one-third ounces of protein, the same 
quantity of fats, and sixteen ounces of carbohydrates. 

The cheajiest food is that which supjilies the most nutritive material 
for the least money, the most economical food is that which is cheapest 
and best adapted to the wants of the user. 

The following tabular statement siimmarizes the main points above 
elaborated. 

Viewed from the stand-point of their uses in the nutrition of man, 
the constituents of ordinary foods may be succinctly classified as 
follows : 

1. Edible substance, e. g., the flesh of meats and fish, the shell con- 
tents of oysters, wheat floiir. 



AND Shell- Fish CoMMisswff. 59 

3. Refuse, e. g., bones of meat and fish, the shells of oysters, bran of 
wheat. 

The edible substance consists of 

1. Water. 

2. Nutritive sicbstance or nutrients. 

Principal Nutrients of Food. 

Albuminoids : e. g., albumen of egg, myosin of muscle 
(lean of meat), caseine of milk, gluten of wheat. 
I Gelatinoids: e. g., ossem of bone, collagen of tendons 
(which yielded gelatin). 
Fats : e. g., fats of meat, butter, olive oil, oil of maize and wheat. 
Car-bohydrateft : e. g., starch, sugar, cellulois (woody liber). 
Mineral Matters of Ash : e. g., calcium, potassium and sodium, phos- 
phates and chlorides. 

Ways in Which the Nutrients are Used in the Body. 

forms the (nitrogenous) basis of blood, muscle, connec- 
tive tissue, etc. 
is transformed into fats and carbohydrates, 
is consumed for fuel. 



TJie Protein 
of food 



The Fats of j are stored as fat. 

food i are consumed for fuel. 

The Gorbo- i , . n • . <• . 

\ are trauslormed into tat. 

hydrates of A i i? i? i 

^ ^ ] are consumed tor tuel. 

food \ 

In being consumed for fuel, the nutrients yield enery in the forms 
of heat, which keeps the body warm, and muscular energy, strength 
for work. The quantities of energy which different food-materials are 
capable of yielding and which are taken as the measure of the fuel- 
value, are determined by certain methods.* 

I have not applied these methods of calculation to shell-fish in this 
article, because the nature of the compounds which make up their 
nutritive ingredients is not fully understood, and it is not certain 
that we call protein, fats and carbohydrates in them have the same 
fuel-value as in meats, fish, etc. For the same reason I have not 
attempted detailed estimates of the pecuniary economy of shell-fish as 
compared with other food-materials.f 

*See article on " The Potential Energy of Food " in the Century Maga- 
zine for July, 1888. 

t See article on " Pecuniary Economy of Food " in the same magazine 
for January, 1888. 



60 



Report of Oyster Investigation 



The result of analyses of food material cau be stated in a variety of 
ways. That followed in Tables I and III, beyond, may be explained 
by an example. 

The flesh, or edible j^ortion of a specimen of beef sirloin, of medium 
fatness, was analyzed and found to contain, approximately, water, sixty 
per cent; protein, nineteen per cent; fats, twenty jDer cent; mineral 
matters, one per cent. But when we buy our sirloin steak or roast, 
by the pound, as we ordinarily do, we get not only the flesh, the edible 
sul)stance, but with it more or less bone, sinew and other refuse mat- 
ter. This specimen contained about one-fourth or twenty-five per 
cent bone, and three-fourths, seventy-five per cent, of flesh. If then 
we are to consider the composition of the meat as we buy it, we must 
take the refuse matters into account. The proportions of the several 
ingredients in both the edible portion and the whole piece above 
referred to, are shown in the following talkie: 





In flesh, 

edible 

portion. 


In meat, 

as bought, 

including 

refuse. 


Refuse, bonos, etc 


Per cent. 

None. 

00 

19 

20 

1 


Per cent. 
25 


Watei- 


45 




14 'i 


Pat 


15 


Mineral matters 


QJi 






Total 


100 


100 







This very imperfect analysis may be stated in the following form, as 
is done in the tables beyond: * 



Constituents of Sample of Beef, Sirloin. 





In Edible Portion — 

I. <:, tlesh freed from lione ii'iui otlier 

refuse. 


In Meat as Purchased — 
(including both edible portion and refuse). 


FOOD 
MATERIAL. 




c 


NUTRIKNTS 




EDIBLE PORTION. 


^ 


"5 

3 - 


NUTRIENTS. 




p 


« 

fe 


55" 


I 

Oh 


Is 


«2 

U ^ 

at 


Beef, sirloin, mod. 
fatness 


Pr. ct. 

60 


Pr. ct. 

40 


Pr. ct. 
19 


Pr. ct. 
20 


Pr. ct. 
1 


Pr. ct. 


Pr. ct. 

4.') 


Pr. ct. 
30 


Pr. ct. 
14.3 


Pr.ct. 

15 


Pr. ct . 
0.7 



* The tables contain also columns for carbohydrates, etc., which occur 
in milk and in some shell-fish, but are not found in ordinary meats in 
sufficient amount to warrant their presence in such tables as these. 



AND Shell-Fish Co3Imission. (31 

Table I, herewith, gives the composition of a number of animal foods, 
mostly from late American analyses. It is only a short time since 
analyses of American meats, fish, etc., have been undertaken in any 
considerable number, and those as yet accomplished are far from 
sufficient for a complete survey of the subject. Indeed, the vsrork 
already done can be regarded only as a beginning. Still, the figures 
will give a tolerably fair idea of the average composition of the articles 
named : 



62 



Report of Oyster Investigation 



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64 Report of Oyster Investigation 

The colored diagram expresses the facts of Table I in a way which 
makes them more easily seen at a glance. One of the first things that 
strikes the eye in looking down the diagram are the black bands, 
which represent the proportions of refuse, i. e. bones of meat, bones, 
skin and entrails of fish, and shells of shell-fish. The bulk of the 
weight of the oysters and other shell-fish, as taken from the water, is 
shell. The percentages of refuse in the meats and fish are very vari- 
able; the fat pork has very little refuse, the beef more, while in some 
kinds of fish, as fiounder, the bones, skin and entrails together make 
up more than half the whole weight. 

The percentages of water, indicated by light green bands, are like- 
wise extremely variable; in the edible portions of shell-fish, fish and 
most meats the water makes up the larger part. The quantities of 
nutrients, i. e. actually nutritive substances, in the different food- 
materials are represented by the whole of that part of each band at 
the left of the light green. It is interesting to compare the very large 
quantity of nutrients of the fatter kinds of meat and in flour with the 
small quantities in fish, shell-fish and the leaner meats. 

The most important of the nutritive ingredients, the protein, is 
rej^resented by red; the leaner fish, like very lean meat, consist mostly 
of protein. The very fat pork, the wheat flour and the potatoes con- 
tain relatively little. The portions of fat, represented by yellow, are 
very variable; in the fat pork it is the principal ingredient. Flounder 
codfish and the shell-fish contain extremely little. The carbohydrates, 
represented by blue, do not appear in the meats and fish, the quanti- 
ties being to minute. The flour and potatoes have large proportions 
and there is some in the shell-fish. The diagram, with the corre- 
sponding figures of Table I, tells its story so plainly that further 
explanations are hardly needed. 

Tables II, III and IV give results of analyses of specimens of shell- 
fish. They are taken from a report now in preparation which will 
include numerous details not given here. 

The s]jecimeus, as received for analysis, were generally in the shell; 
on arrival at the laboratory they were weighed. The shell contents 
were then taken out and separated into flesh ("meat") and liquid 
("liquor"). Each of these was weighed separately, as were the shells 
also. From these weights the percentages were calculated. Table II 
erives results : 



AND Shell-Fish CoMinssioN. 



65 



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66 



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AND Smell-Fish Co3imission. (37 

Thus in tlie case of the specimen from Stony Creek, taken in April 
the shells made 81.1 per cent or a little over four-fifths; and the edible 
230rtion, flesh and liquids together, 19.9 per cent or a little less than 
one-fifth of the whole Aveight. Of this 19.9 per cent, the flesh consti- 
tuted 7.5, and the liquids 11.4 per cent. In this sj)ecimen the propor- 
tion of flesh was very small as compared with the liquids. In the 
specimen of Blue Points, taken at the same time, the proportion of flesh 
to liquids is just the other way; that of flesh being 13.4, and the 
liquids 5.2. The variations in the proportions of flesh, liquids, total 
edible portion, and shells are very striking. 

We should not be warranted in assuming that the Blue Points, gen- 
erally, have so much more flesh and liquid than the others. The figures 
of Table II are taken from a larger number obtained in a series of 
analysis of specimens from different localities on the Atlantic coast, 
from Massachusetts to New Jei'sey.* One object of the investigation 
was to get light upon the effect of kind, locality, season and other 
conditions upon the composition. But though the number of analysis 
was considerable, enough to cost a large amount of labor, the result 
can be taken only as a general indication of the range of variation 
and not as showing the characteristic composition of specimens of a 
given source, or at a given time. To find, for instance, the average 
composition of oysters from a given locality, and the differences 
in composition in different seasons of the year, and in different years 
would require an investigation to extend through a year or several 
years and to include a large number of analyses of specimens 
especially gathered for the purpose. Such a study of oysters from 
different localities could not fail to bring interesting and valuable 
results. Similar studies of clams and other shell-fish would be like- 
wise interesting. Such an investigation might bring out important 
facts regarding the connection between locality, season, food and age 
of animals upon the composition. 

Meanwhile the figures here given will at least suffice to show that 
the difference in different specimens from the same locality, and from 
different localities, are much greater than is commonly supposed. 
The range of variation in the proportion of flesh, liquids and shell are 
so clearly shown in Table II that further explanation is hardly 
necessary. 

The details of the proportions of flesh, liquids and shells and of the 
composition of the flesh, liquids and whole edible portion are given in 

*Especial thanks are due to Mr. E. G. Blaeklord and to Mr. G. H. Shaffer, 
of New York, for specimens kindly furnished for analysis. 



C)H Report of Oyster Investigation 

Table IV, which includes all the specimens analyzed. Table III 
recapitulates the composition of the edible portion of a number 
of specimens of oysters, clams and mussels; Avith what was said in 
connection with Table I it will need but little explanation. It is 
interestini>' to note the variations in the composition of the oysters in 
this table. The percentages of water range from 848 to 90.1 per cent 
in the specimens here cited. In one of those not here given, but 
included in Table IV, the percentage of water rose to 91.5. The per- 
centage of water-free substance, i. e., total nutrients, in each case, is 
the difference between the percentage of water and 100. The nutri- 
ents accordingly range from 18.3 to 8.5 per cent. In other words, the 
proportion of nutritive material was more than twice as large in some 
cases as in others. The largest proportion of nutrients was in a 
specimen of blue points, taken in April; the smallest is in one from 
Norfolk, Va., also taken in April. It would seem from the figures 
iu Table IV, that the northern oysters are, on the whole, richer in 
nuti'itive material than the southern, but more analyses are needed 
to show the true average ranges of variation. One reason why 
the Virginia oysters appear to disadvantage here may be that 
the latter were younger. It appears that, as the oyster grows older, 
at least up to a certain time, not only do the proportions of flesh 
and liquids increase more rapidly than the shells, but the pvo- 
portiou of natural nutrients in the edible portion increases also. 
That is to say, one hundred pounds of young oysters in the shell 
would appear from these analyses to contain less of flesh and of 
licpiids than a hundred pounds of older ones; and when both have 
been shucked a pound of shell contents from the older animals would 
contain more nutriment than a pound from the younger. I wish, 
however, to be very careful in making these statements, because the 
number of examinations is too small to warrant very definite general- 
izations; indeed, the only figures which bear directly upon this 
especial point are those for the oysters transplanted from the James 
and Potomac rivers to New Haven harbor in the spring and taken out 
in the following fall or winter. These show a notal^le increase during 
this period, both in the quantities of shell contents in a given weight 
of shell and in the amount of actual nutriment in a given weight of 
shell-contents. Perhaps this change is more a matter of feeding and 
fattening than of age. However it may be, it is not unnatural that 
changes of this kind, which take place iu other animals, should occur 
ill the oyster. Thus calves and pigs in growing and in fattening 
increasos ii> both the proportion of meat to bone and in the propor- 



AND Shell-Fish Coivmisston. 09 

tion of nutritive material in tlie meat. As regards shell-fish, this 
particular point esj^eciaily demands more extended stvidy. 

The figures of Table IV show a slight difference between the 
average composition of the edible portion of the oysters taken from 
the shell in the laboratory and that of those purchased, out of the 
shells, in the form commonly called "solids " in the markets. Whether 
this difference is accidental or due to the fact that as they are ordi- 
narily shucked for sale, less of the liquids is saved than was done in 
preparing our specimens for analysis, it is impossible to say. 

Table IV is somewhat complex, and calls for further explanation. 
The sjjecimens of oysters are arranged according to locality, from 
Buzzards bay, Mass., to the James river, Va. The proportions of water, 
protein, fat and mineral matters in the flesh, and in the liquids, are 
given separately. The j)i'oportions of carbohydrates are not stated, 
since they are not directly determined by the analysis, but are 
estimated by subtracting the sum of the protein, fat and ash from the 
total water-free substance, which latter is determined along with the 
percentage of water, and is the difference between the latter and one 
hundred. Details of the methods of analysis may be found in an 
article entitled " Contributions to the Knowledge of the Chemical 
Composition and Nutritive Values of American Food Fishes and 
Invertebrates," in the report of the United States Commissioner of 
Fisheries for the year I880, from which this table is taken. 

The last two columns of the table, it will be observed, give the per- 
centages of total edible portions and of total nutrients in the edible 
portion of each specimen as received for analysis. Where the speci- 
men consisted simply of the edible portion and in the case of the 
" solids " of oysters, canned oysters, etc., the percentage of total edible 
portion is, of course, 100. 

I have already stated that some of the conclusions as to the values 
of fats, which are ordinarily drawn from the chemical com2:)osition of 
meats and fish are not ventured upon here because the precise nature 
of the nutritive ingredients of oysters and other shell-fish is not 
definitely understood. 

Perhaps further experimental study will show that what we call the 
protein of the oyster is very nearly the same as that of meat or milk ; 
that what we reckon as carbohydrates of the shell-fish, have about the 
same nutritive value as the carbohydrates of other foods — milk, 
sugar and starch, for instance. Meanwhile, what is known implies 
that differences are probably not very great, though they may be 
considerable. 



70 Report of Oyster Investigation 

The corapositiou of the liquid portions demauds a few words of 
explanation. The amount of nutriment is very small indeed, the 
principal constituents being water and salts of sea water. How much 
food value these minute quantities of nutriment have, it is impossible 
to say. Perhaps a given weight of what is called jjrotein in the liquids 
of oysters may be not far inferior to the same quantity in the flesh; 
but this is a matter of doubt. 

Taking all in all, the variations in composition of oysters are very 
wide. The same would very likely be found to be the case with clams 
and other shell-fish, if a large enough number of analyses were made 
to show the range of variation; but probably the averages of the 
analyses here given represent pretty nearly the average composition 
of the shell-fish as they are ordinarily found in the water and in the 
markets. 

The most of the specimens of oysters and other shell-fish here 
reported upon were received without statement as to whether they 
had been "floated" or not; but we suppose that, except when other- 
wise stated, they had usually been floated, and the specimens were 
such as are ordinarily sold. The effect of floating on the composition 
is described in another place in this report Briefly stated, floating- 
increases the proportions of water and diminishes the proportions of 
nutritive ingredients and especially those of mineral salts. Floated 
oysters will therefore have on the average more water and less nutri- 
tive material than those not floated. The same is true of clams, 
mussels, etc. 

It is then safe to say that while the variation in the composition of 
oysters, clams and the like are considerable, just as they are in differ- 
ent kinds of meat, such as beef, mutton and pork, yet the proportions 
which are expressed in the figures of Table I, and graphically set 
forth in the colored diagram, make a reasonably fair exhibit of the 
average composition of these food materials in the condition in which 
we ordinarily buy them, and hence represent pretty nearly their rela- 
tive nutritive values. While we must wait for further research before 
we can with perfect confidence accept these figures as the actual 
measure of the nutritive effects, we may say in the general way, that 
the relative food values are indicated very nearly by the chemical 
compositions as here given.* 

As said above, the cheapest food is that which furnishes the actually 
nutritive material at the lowest cost. The most economical food is 

*Soe article on " Pecuniary Economy of Food " in Century Magazine for 
January, 1888, above cited. 



AND Shell-Fish C'oMuWIS&ion: 



71 



Miat which is cheapest and best adapted to the wants of the user. 
Various methods have been proposed for estimating -the I'elative 
cheapness or dearness of food materials. For instance the cost of 
actually nutritive ingredients in a given food material may be com- 
puted by comparing the amounts of the several nutrients, protein, 
fats and carbohydrates it contains, with its market price, one pound 
of protein being assumed to cost, on the average, five times as much, 
and a pound of fats three times as much as a pound of carbohydrates. 
The computed costs of the same nutrient, e. g., protein, in different 
foods, thus affords a basis for comparing the relative expensiveness of 
the foods, as in the figures below.* 

Comparative Costs of Protein in Food Materials. 



POOD MATERIALS. 



Ordinary 

price per 

pound. 



Cost 
of protein 
per pound. 



Beef, sirloin, medium fatness 

Beef, sirloin, at lower price 

Beef, round, rather lean 

Mutton, leg 

Milk, seven cents per quart 

Salmon, early in season 

Salmon, when plenty 

Mackerel 

Salt cod 

Oysters, twenty-five cents per quart. 
Oysters, fifty cents per quart, choice 

Lobsters 

Wheat flour 



25 
20 
1(5 
22 

3. 

100 

80 

10 

7 
12, 
25 
12 

3 



106 

85 

63 

91 

53 

511 

153 

79 

43 

168 

335 

209 

11 



Shell-fish are delicacies rather than staple foods. The above figures 
illustrate the fact that in this, as in other delicacies, makes them 
uneconomical from the strictly pecuniai'y standpoint, yet they have an 
important use. The conditions of our advanced civilization make 
variety in diet desirable, and to a greater or less extent essential, and 

* This method of computation is German ; assumed relative costs of the 
nutrients are based upon market prices in Germany. The protein is 
selected for the estimate because it is physiologically the most important 
of the nutrients. For other and more accurate, though more complex, 
methods see seventeenth annual report of Massachusetts Bureau of Statis- 
tics of Labor, 1886, p. 253. 



7'2''^^:.- Re F OUT of Oystef L\]'£stj(,'ation 

oftentimes flavor has a value which can not be counted in dollars 
and cents. 

The nutritive value of the shell-fish as of other foods, depends to a 
considerable extent upon their digestibility, but so little is j)ositively 
known of the digestibility of shell-fish as compared with meats and 
other animal foods, that it lias not seemed fitting to say a great deal 
a])out it here. Perhaps, indeed, the most that can be said is that, 
while there are people with whom such substances do not always 
agree, yet oysters belong to the more easily digestible class of foods. 



AND Shell-Fish Commission. 



73 











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AND Shell-Fish Cohuiission. 



75 





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APPENDIX "B." 

FATTENING OF OYSTERS 

CHEMICAL CHANGES PRODUCED IN FLOATING. 



By Professor W. O. Atwater. 



It is a common practice of oyster dealers, instead of selling tlie 
oysters in the condition in which they are taken from the beds in salt 
water, to first place them for a time, forty-eight hours, more or less, 
in fresh or brackish water, in ordei-, as the oystermen say, to " fatten " 
them, the operation being called "floating" or "laying out." By this 
process the body of the oyster acquires such a plumpness and rotund- 
ity, and its bulk and weight are so increased as to materially increase 
its selling value. 

The belief is common among oystermen that this " fattening " is due 
to an actual gain of flesh and fat, and that the nutritive value of the 
oyster is increased. 

A moment's consideration of the chemistry and jihysiology of the 
subject will make it clear, not -only that such an increase of tissue 
substance in so short a time and with such scanty food supply is out 
of question, but that the increase in volume and weight of the bodies 
of the oysters is just what would be expected from the osmose or 
dialysis which would naturally take place between the contents of the 
bodies of the oysters as taken from salt-water, and the fresh or 
brackish water in which they are floated. 

If we fill a bladder with salt-water and then put it into fresh-water 
the salt-water will gradually work its way out through the pores of 
the bladder, and, at the same time, the fresher water will enter the 
bladder; and, further, the fresh-water will go in much more rapidly 
than the salt-water goes out. The result will be that the amount of 
water in the bladder will be increased. It will swell by taking up 
more water than it loses, while at the same time it loses a portion of 
the salt. 

It does this in obedience to a physical law, to which the terms 
osmose and dialysis are applied. In accordance with this law, if a 



80 Report of Oyster Investigation 

membraneous sac holding salts in solution is immersed in a more 
dilute solution or impure water, the more concentrated solution will 
pass out and at tlie same time the water or more dilute solution will 
pass in and more rapidly. The escape of the concentrated and 
entrance of the dilute solution will be, in general, the more rapid the 
greater the difference in concentration and the higher the tempera- 
ture of the two solutions. After the osmose has proceeded for a time, 
the two solutions will become equally diluted. When this equilibrium 
between the two is reached the osmose will stop. If the sac which 
has become distended is elastic, it will, after osmose have ceased, tend 
to come back to its normal size, the extra quantity of solution which 
it has received being driven out again. 

We should expect these principles to ajDply to the oyster. Roughly 
speaking, the body of the animal may be regarded as a collection of 
membraneous sacs. It seems entirely reasonable to suppose that the 
intercellular spaces, and probably the cells of the body would be 
impregnated with the salts of the sea-water in which the animal 
lives, and this supposition is confirmed by the large quantity of mineral 
salts which the body is found by analysis to contain, and which 
amounts, in some cases, to over fourteen per cent of the water-free 
substance of the body. 

It seems equally reasonable to assume that osmose would take place 
through both the outer coating of the body and the cell walls. In the 
salt-water the solution of salts within the body may be assumed to 
be in equilibrium with the surrounding medium. When the animal 
is brought iiito fresh or brackish water, ?'. e., into a more dilute solu- 
tion, the salts in the more concentrated solution within the body 
would tend to pass in and produce just such a distension as actually 
takes place in the floating. If this assumption is correct, we should 
expect that the osmose would be the more rapid the less the amount 
of salts in the surrounding water; that it would proceed more rapidly 
in warm, and more slowly in cold water; that it would take place 
whether the l^ody of the animal is left in the shell or is previously 
removed from it; that the quantity of salts would be greatly reduced 
in rioating, and that if it were left in the water after the maximum 
distension had been reached, the imbibed water would pass out again 
and the oyster would be reduced to its original size. Just such 
is actually the case. Oystermen find that the oyters " fatten " 
much more (Quickly in fresh than in brackish water; warmth is so 
favoralile to the process tliat it is said to be sometimes found profitable 
to warm artificially the water in which the oysters are floated; although 
oysters are generally floated in the shell, the same effect is very com- 



AND Shell- Fish Commission. 81 

monly obtained by adding fresh water to the oysters after they have 
been taken out of the shell; indeed, I am told that this is a by no 
means unusual practice of retail dealers. Oysters lose much of their 
salty flavor in floating, and it is a common experience of oystermen 
that if the " fattened " oysters are left too long on the floats they 
become " lean " again. 

This exact agreement and theory and fact might seem to warrant 
the conclusion that the actual changes is the so-called fattening of 
oysters in floating, are essentially gain of water and loss of salts. 
The absolute proof, however, is to be sought in chemical analysis. In 
the course of an investigation conducted under the auspices of the 
United States Fish Commission, and which included examinations of 
a number of oysters, and other shell-fish, I have improved the oppor- 
tunity to test this matter by some analysis of oysters before and after 
floating. The results of the investigations are to be given in one of 
the publications of the commission. From this the following state- 
ments are selected as perhaps not without interest to the fisheries 
association. It is not improper that I should add here, that a por- 
tion of the expenses of the investigation was borne by one of the 
prominent officers of the association, Mr. E. G-. Blackford. 

The account just mentioned of the experiments is preceded by 
some citations regarding the practice of floating o^'sters which I 
insert here, adding that I should be greatly obliged for any further 
information upon the subject. 

The following very opposite statements are by Prof. Persifor 
Fra^er, Jr., who o ^tributes the changes mentioned to dialytic action: 

"The oysters brought to our large markets on the Atlantic seaboard 
are generally first subjected to a process of 'laying out,' which consists 
in placing them for a short time in fresher water than that from which 
they have been taken. 

" Persons who are fond of this animal as an article of food, know 
how much the ' fresh ' exceed the ' salts ' in size and in consistency. 
The 'Morris Coves,' of this city, (Philadelphia), while very insipid, are 
the plumpest bivalves brought to market. On the other hand, the 
' Abscoms ' and the ' Brigantines ' while of a better flavor (to those 
who prefer salt oysters), are invariably lean, compared to their trans- 
planted rivals, as also are the ' Cape Mays ' though, for some reason, 
not to the same extent. 

" The most experienced oyster dealers inform me that the time for 
allowing the salt oysters taken from the sea coast to lie out varies, Ijut 
is seldom over two or three days. At the end of this time the maxi- 

11 



82 Report ot Oyster Investigation 

mum plumpness is attained, and beyond this the oyster becomes lean 
again, besides having lost in flavor." 

The subjoined statements by Professor J. A. Ryder are interesting 
in this connection. They are taken from a letter to Professor Baird, 
United States Commissioner of Fish and Fisheries, on " Floats for the 
so-called fattening of oysters:" 

"The simplest and most jDractical structures of the kind which I have 
seen are the storage and fattening floats used by Mr. Conger, of Frank- 
lin City, Md., and now in use by all the shipper and planters in the 
vicinity of Chincoteagiie bay. I have been informed that similar 
structures, or rather structures serving similar purposes, are in use 
on the oyster beds along the shore of State Island, New York. 

"It is probably a fact that in all these contrivances they take advan- 
tage of the effect produced by fresher water upon oysters which have 
been taken from slightly salt water. The planters of Chincoteague 
call this 'plumping the oysters for market.' It does not mean that 
the oysters are augumented in volume by the addition of substantial 
matter, such as occurs during the actual approj^riation of food, but 
only that the vascular spaces and vessels in the animals are filled 
with a larger amount of water, due to endosmose. It is a dealer's 
trick to give his produce a better appearance in the market, and as 
such I do not think it deserves encouragement, but rather exposure. 

" Mr. Conger has actually resorted to warming fresh water to 60 F. 
in winter, by steam pipes running vmderneath the wooden enclosure 
surrounding the ' fattening ' or ' plumping ' float. One good ' drink,' 
as he expressed himself to me, renders the animal fit for sale and of 
better appearance. 

" Conger's floats are simply a pair of windlasses, supported by two 
pair of i^iles driven into the bottom. Chains or ropes which wind 
upon the windlass pass down to a pair of cross pieces, upon which the 
float rests, which has a perforated or flat slat bottom, and a rim 
eighteen inches to two feet high. These floats, I should think, are 
about eight feet wide and sixteen feet long, jDerhaps twenty. These 
structures are usually built alongside the wharves of the packing and 
shipping houses, and are really a great convenience in conducting the 

WOl'li. ^ * * ^ ". 

Elsewhere Prof. Ryder speaks of the floats thus: 

" The diaphragm itself was constructed on l)oards perforated with 
auger holes and lined on the inside with gunny-cloth or sacking, and 
the space between the perforated boards was filled with sharp, clean 
sand. The space between the boards was about two inches; through 



AND IShELL-FiSH CoMillSSION. 83 

this the tide el)l)ed and flowed, giving- a rise and fall of from four to 
six inches during the interval between successive tides." 

Mr. F. T. Lane, of New Haven, Conn., writes as follows about the 
method of floating practiced by himself, and, as I understand, by other 
New Haven growers: 

"We do not always leave them two days in the boats — as a rule 
only one day. We jiut them into brackish water and take them out 
at low water or in the last of the falling tide, as then the water is the 
freshest and the oysters are at their best. As it is not convenient for 
us to put them into the floats and take them out the same day we do 
not want the water too fresh. On one occasion, wishing to know what 
the result would be of putting the oysters into water that was quite 
fresh, I had one of my floats taken up the river half a mile further 
than where we commonly use them and 100 bushels of oysters put 
into it at high water and taken out at low water. They were in the 
water from six to seven hours and came out very nice, fully as good 
as those floated twenty-four hours in the brackish water. It was a 
warm day and the water was warm. Under these conditions they will 
drink very quickly. I have seen them open their shells in ten minutes 
after they were put into the water." 

For the following valuable information I am indebted to Mr. R. G. 
Pike, chairman of the Board of Shell-Fish Commissioners of Connecticut: 

" Connecticut oysters, Avhen brought from their beds in the salt 
waters of Long Island sound, are seldom sent to market before they 
have been subjected to more or less manipulation. As soon as possible 
after being gathered, they are deposited in shallow tide rivers where 
the water is more or less brackish, and are left there from one to four 
days, the time varying according to the temperature of the season, the 
saltness of the oyster, and the freshening quality of the water. Gener- 
ally two tides are sufficient for the two ' good drinks ' which the 
oystermen say they should always have. 

" This ' floating,' as it is called, results in cleaning out and freshen- 
ing the oysters, and increases their bulk; or, as many oystermen con- 
fidently assert, ' fattening ' them. If the weather is warm, they will 
take a 'drink' immediately if not disturbed; but if the weather is 
cold they will wait sometimes ten or twelve hours before opening their 
valves. Good fat oysters generally yield five quarts of solid meat to 
the bushel; but after floating two tides or more they will measure six 
quarts to the bushel. After they have been properly floated they are 
taken from the shell — and as soon as the liquid is all strained off, 
they are washed in cold water — and are then packed for market. In 
warm weather they are put into the water with ice, and are also 



(S4 liEroRT OF Oyster In ]^estj nation 

packed with ice for shipping. Water increases their bulk by absorp- 
tion and by mixing with the liquor on the surface of the oysters. The 
Salter the oyster the more water it absorbs. In twelve hours one 
gallon of oysters, with their juices strained out, will take in a pint of 
water; but when very salt and dry they have been known to absorb a 
pint in three hours. 

" Water alw^ays thickens the natural juices that adhere to the surface 
of the oyster, and makes them slimj^ If too much water is added the 
oyster loses its plumpness and firmness and becomes watery and flabby. 

" Oysters that have been floated bear transportation in the shell 
much better than when shipped directly from their beds. Oysters, 
too, that are taken from their shells and packed in all their native 
juices spoil much sooner than when their juices are strained out and 
the meats are washed in fresh cold water. 

" Long clams are not floated, but round clams are. But both, when 
shucked, are washed in fresh water. This cleanses them of inud, sand 
and e:^cess of salt, increases their bulk and imj^roves their flavor. 
After washing they will keej) much longer without risk of spoiling. 
If the salt is left in them, as they come from their native beds, their 
liquor will ferment and they will quickly sjDoil. 

"The above facts are gathered from the most intelligent men in the 
shell-fish business in Connecticut, men who have had many years 
experience in gathering oysters and clams and prej)aring them for home 
and foreign consumption. They are all agreed that by judicious float- 
ing in the shell, and by washing and soaking when out of the shell 
the oyster and the clam increase in bulk and improve in quality and 
flavor. We will not presume to say that this increased bulk is any- 
thing more than a mechanical distension of the organs and the cellular 
tissues of the oyster by water, or that its improved flavor is not due 
simply to a loss of bitter sea salt dissolved out by the water. Many 
intelligent cultivators are confident that the increase in bulk is a 
growl h of fat; while just as many of equal intelligence, declare that 
it is mere ' bloat ' or distension, akin to that of a dry sjionge when 
plunged into the water. The exact nature of the change the chemist 
alone can determine." 

The following experiments were made with oysters supplied by Mr. 
F. T. Lane, of New Haven, Connecticut, a communication from whom 
was just quoted, and for whose courteous aid as well in furnishing the 
specim_ens as in giving useful information, I take this occasion to 
express thanks. 

The oysters have been brought from the James and Potomac rivers 
and " planted " in the beds in New Haven harbor (Long Island 



AND 8hell-Fish Commission. 85 

sound) in April, 1881, and were taken for analysis in the following' 
November. 

Two experiments were made. The j^lan of each experiment consisted 
in analyzing two lots of oysters, of which both had been taken from 
the same bed at the same time, but one had been " floated " while the 
other had not. The first sjsecimen was selected from a boat load as 
they were taken from the salt water and the second from the same lot 
after they had been floated in the usual way in brackish water for 
forty-eight hours. ■ For each of the two experiments, Mr. Lane selected 
from a boat-load of oysters as they were taken from the salt water, a 
number, about three dozen, which fairly represented the whole boat- 
load. The remainder were taken to the brackish water of a stream 
emptying into the bay and kejDt upon the floats for forty-eight-hours, 
this being the usual practice in the floating of oysters in this re. ion. 
At the end of that time the oysters were taken from the floats and a 
number fairly representing the whole were selected as before. Two 
lots, one floated and the other not floated, were thus taken from each 
of two different beds. The four lots were brought to our laboratory 
for analysis. 

The specimens as received at the laboratory were weighed. There- 
upon the shell-contents were taken out and the shells and shell-con- 
tents both weighed. The solid and liquid portions of the shell con- 
tents, i. e., the flesh or " solid " and " liquor " or liquids, were weighed 
separately, and analyzed. We thus *had for each lot the weights of 
flesh and liquids, which together made the weight of the total shell- 
contents, and the weight of the shells, which with that of the shell- 
contents made the weight of the whole specimens. We also had from 
the analysis, the percentage of water, nutritive ingredients, salts, etc., 
in the flesh and in the liquids. From these data the calculations 
were made to the changes which took place in floating. For the 
details, which are somewhat extended, I may refer to the publications 
mentioned above. It will suffice here to give only the main results. 

The body of the animal may be regarded as made up of water and 
so-called water-free substance. The water-free substance contains 
the nutritive ingredients or "nutrients." They maybe divided into 
four classes: (1) Protein compounds, the so-called "flesh-formers," 
which contain nitrogen; (2) fatty substances, classed as fats; (3) car- 
bohydrates; (4) mineral salts. These constituents of the flesh of 
oysters have been but little studied. It is customary to assume them 
to be similar to the corresponding compounds of other food materials, 
but very probably the differences, if known, might prove to be impor- 
tant. The mineral matters especially, which are very large in amount. 



(S6 Report of Oyster Investigation 

api^ear to include considerable ot the salts of the sea water. Of the 
nature of the ingredients of the liquids but little is known. They 
consist mainly of water and salts, and the amounts of their ingredi- 
ents which are here reckoned as protein, fats and carbohydrates, are 
very small, so that whatever error there may be in classing them with 
the ordinary nutrients of food it will not very seriously affect the 
estimates of nutritive values. 

General Results of the Experiments. 

During the sojourn in brackish water both the flesh (l)ody) and the 
liquid portion of the shell-contents of the oysters suffered more or 
less alteration in composition. In order to show clearly what the 
principal changes as shown by the chemical analysis were, some 
statistics may perhaps be permissible here. 

Changes in the Composition of the (Body of the) Oysters in Floating. 

1. The changes in the constituents of the body were mainly such as 
would be caused by osmose, though there were indications of secre- 
tion of nitrogenous matters, and especially of fats, which are not so 
easily explained by osmose. This I will sjDeak of later. 

2. The amounts of gain and loss of constituents which the bodies of 
the oysters experienced may be estimated either by comjoaring the 
percentages found by analysis before and after dialysis, or by com- 
paring the absolute weight of a given quantity of flesh and the 
weights of each of its ingredients before, with the weights of the 
same flesh and of its ingredients after dialysis. For the estimate by 
the first method we have simj)ly to compare the results of the analysis 
of the floated and the non-floated specimens. Taking the averages of 

the two experiments, it apj^ears that: 

Before After. 
The percentages of Dialysis. Dia,lysls. 

Water rose from 77.9 to 82.4 

Water-free substance fell from 22 . 1 to 82 . 4 

Total flesh 100.0 100.0 

Protein 10 . 5 to 8.9 

Fat fell from 2.5 to 1.9 

Carbohydrates, etc., fell from 6.9 to 5.2 

Mineral salts fell from 2.2 to 1.6 

Total watei'-free substance of flesh 22.1 17.6 



There was, accordingly, a gain in the i^ercentage of water and a loss 
of that in each of the ingredients of the water-free substance. This 
accords exactly with the supposition that during the floating the flesh 
gained water and lost salts and other ingredients. 



Changes in Composition of Flesh of Oysters 
in Floating. 



Experiment I. 




Experiment II. 



Water. 

[ZZTJ 



Nutritive Ingredients. 



n 



MINERAL MATTERS. 
Salts, e. g. Chlorides, Sulphates, etc. 



CARBOHYDRATES. 
Substances allied to Starch, Sugar, 



L II. III. 



etc. 



r:3 

FATS. 
Substances more or less similar 
to the fat of meat, butter, and the 
fatty and oily matters of wheat, po- 
tatoes, etc. 



PROTEIN. 
Flesh (muscle) forming substances 
like those in the ' ' lean ' ' of meats 
and fish, casein (curd) of milk, gluten 
of wheat, etc. 



I. Constituents in loo parts be- 
fore floating. 

II. Constituents in loo parts after 
floating. 

III. In floating, loo parts increases 
to I20.8 and 113.6 in the respective 
experiments. 




II. 



III. 



AND Shell-Fish C'o3imis8ion. 87 

It will be more to the point to note the absolute increase and 
decrease in amounts of flesh and its constituents — in other words, 
the actual gain or loss of each, in the floating. Estimates by this 
method have been made and explained in the detailed accounts 
referred to. They make it appear that 100 grams of the flesh as it 
came from the salt water was increased by floating, in one specimen 
to 120.9 and in the other to 113.4 grams. This is equivalent to saying 
that the two specimens of flesh gained in the floating, respectively, 
20.9 and 13.4 per cent, or on the average 17.3 per cent of their original 
weight. By the same estimates the water-free substance in the 100 
grams of flesh before the floating weighed on the average 22.1 grams, 
while that of the same flesh after floating weighed 20.6 grams, making 
a loss of 1.5 grams or Q.Q j^er cent of the 22.1 grams, which the water- 
free substance weighed before dialysis. The main results of the two 
experiments thus computed may be stated as follows: 

In the "floating" of 100 grams of flesh (body) of the oysters: 

Before After 

The weight of Dialysis. Dialysis. 

Water rose from 77 . 9 grams to UG . 6 grams. 

Water-free substance fell from 22-. 1 grams to 20.(1 grams. 

Whole flesh rose from 100 . grams to 117.2 grams. 

Protein was assumed to remain the same 10.5 grams to 10.5 grams. 

Fat (ether extract) fell from 2.5 grams to 2 . :^ grams. 

Carbohydrates, etc., fell from 6.9 grams to 6.0 grams. 

Mineral salts (ash) fell from 2.2 grams to 1.8 grains. 

22.1 20.6 

Estimating the increase or decrease of weight of each constituent in 

]ier cent of its weight before floating: 

Per cent 

of original 

weight. 

The water gained 23 . 9 

The free-water substance loses 6.6 

The whole flesh (body) gained 17 . 3 

The protein was assumed to neither gain or lose. 

The fat loses 8.8 

The carbohydrates, etc. , loses 12.5 

The mineral salt loses 15.5 

In brief, according to these computations, the flesh lost lietween one- 
sixth and one-seventh of its mineral salts, one-eighth of its corbo- 
hydrates, and one-twelfth of its fat, but gained enough water to make 
up this loss and to increase its whole weight, by an amount equal to 
from one-seventh to one-fifth of the original weig'ht. 



88 JiEPORT OF OYSTEI? ] NVESTIfl ATION 

These estimates are based ou the assumption that the amount of 
protein in the flesh remained unchanged during the floating. It seems 
probable, however, that the flesh may have lost a small amount of 
nitrogenous material. If this was the case the actual gain of flesh and 
of water must have been less and the loss of fats, carbohydrates and 
mineral salts greater than the estimates made them. But there 
appears to be every reason to believe that the error must.be very 
small, and since it would affect all the ingredients in the same ratio, 
the main result, namely, that there was a large gain of water and a 
considerable loss not only of mineral salts, but of fats and carbo- 
hydrates as well, can not be questioned. 

Changes in the Composition of the Liquid Portion (Liquor). 
3. The liquids might be expected to receive material from the flesh, 
and to yield material to the surrounding water. The materials com- 
ing from the flesh would be such as the latter parted with by either 
osmose or secretion. Those yielded to the water would either escape 
hy diffusion or l^e washed away when the shells were open wide 
enough to allov/. What share each of these agencies had in effecting 
the changes that actually occurred in the liquids, the experiments do 
not and, in the nature of the case, can not tell. Comparing the per- 
centage composition of the liquids before and after floating, as shown 
by the averages of the analysis in the two experiments, it appears 

that : 

Before. After. 
The percentages of Dialysis. Dialysis. 

Water rose from 94.9 to 95.5 

Water-free substance fell from 5.1 to 4.5 

Total 100.0 to 100.0 

Protein rose from 1.9 to 2.1 

Carbohydrates, etc., rose from 0.7 to 1.1 

Mineral salts fell from 2.5 to 1.3 



The increase in the percentage of water, and the decrease in that of 
mineral salts are very marked. The quantities of fats (ether extract) 
are too small to be taken into account. The increase of nitrogen and 
that of carbohydrates, though absolutely small, are nevertheless out- 
side the limits of error of analysis, and must, like those of the salts, 
rejiresent actual changes in the composition of the liquids. 

The experiments give no reliable data for the determinations of the 
absolute increase and decrease of the liquids and their constituents, 
so that it is impossible to say with entire certainty whether there was 
or was not an actual gain of protein or fats or carbohydrates. It 



AND ShELL-FiSII OOJLMISSION. 89 

would seem extremely probable, ll0^yever, that the liquids received 
and retained small quanties of these materials from the flesh (bodies) 
of the animals. 

Changes in the Composition of the Whole Shell-Contents, Flesh 

AND Liquids. 

4. Comparing the average percentage composition of the total shell- 
contents, before and after floating in the tvs^o experiments, it appears 

that : 

Before. After. 
The percentages of Dialysis. Dialysis. 

Water rose from 8.5.2 to 87.1 

Water-free substance fell from 14.8 to 12.9 

Total 100.0 to 100.0 

Protein (N. X. 0.25) fell from 6.8 to C..5 

Fats (ether extract) fell from 1,4 . to 1.2 

Carbohydrates, etc., fell from 4.3 to 3.7 

Mineral salts (ash) fell from 2.3 to 1.5 

Total water-free substance 14.8 to 12.9 



After so much detail I ought, perhaps, to simply summarize the 
results in a few words and close. But one or two brief matters call 
for a notice. 

If the changes in composition of the oysters in floating were due 
to osmose or dialysis alone, we should expect simply a gain of water 
and loss of salts (and perhaps of carbohydrates). But the flesh seems 
to have lost a little carbohydrates and fats and probably protein also, 
along with the salts, while it was absorbing water. A way in which 
this may have come about is suggested by my colleague, Prof. H. W. 
Conn, who calls attention to the fact that some mollusks, when irri- 
tated produce an extremely abundent secretion of mucus or " slime," 
so much, indeed, as to sometimes render a small quantity of water in 
which the animals may be confined, quite sensibly gelatinous. He 
suggests that the change to fresh water may, indeed, induce such a 
secretion of mucous and perhaps of carbohydrates and fats as well, 
which would account for the increase of these substances in the 
liquids. The observation of oyster dealers that water always thickens 
the natural juices that adhere to the surface of the oyster and makes 
it slimy, accords with Prof. Conn's statement. . 

If such secretion did take place, the flesh must probably have lost a 
little protion during the floating. The estimates of absolute gain and 
loss of weight of flesh and ingredients (see detailed accounts of the 
12 



90 Report of Oyster iNVESTiGATioisf 

experiments) are based upon the assumption that the quantity of 
protein was unaltered in floating. If protein was given off, therefore, 
the estimates are wrong. Bat the quantity of protein secreted and 
the consequent error must be, at most, very slight. If there is an 
error its effect would be to make the quantities of nutrients after 
floating appear larger than they really were. In other words, if the 
error was corrected it would make the loss of nutritive material in 
floating greater than it appears to be in the figures above given. As 
explained in the detailed report above referred to. I have assumed 
that the changes due to the ordinary processes of metabolism would 
be to small too materially affect the results. 

The experiments might have been so conducted as to decide this 
question. It would have been necessary to simply take a large number 
in each lot before and after floating and l^e certain that the number, 
weight and bulk were the same in the floated and not-floated lot of 
each experiment. For instance, we might, in each experiment, care- 
fully select two lots of, say a bushel, each, as taken from the beds, 
have the number of oysters the same in each bushel as an additional 
assurance that the two lots were alike, float one bushel and weigh and 
analyze both. A few experiments of this sort made under different 
conditions of time, temperature, kind and age of oysters, etc., would 
give reliable and valuable data. Unfortunately the means at my 
disposal did not permit so thorough experiments. I am persuaded, 
however, that the results of such series of trials, if they could be 
made — and I wish they }night be — would be very similar to those of 
the trials here repoi-ted. 

It is very interesting to note that these processes which we have 
been considering in the body of oysters are apparently very similar to 
processes which go on in our own bodies, namely those by which our 
food, after it is digested, finds its way through the walls of the 
stomach and other parts of the alimentary canal into the blood, to be 
used for nourishment. Physiologists tell us that the passage of the 
digested materials through the walls of the canal is in part merely a 
physical action, due to osmose, but that it is in part merely dejDendent 
upon a special function of the organs. In like manner the changes 
in the composition of the oyster, if the above explanation be correct, 
are caused partly by osmose, and partly by special secretive action, 
the cell walls and oiiter' coating of the body of the oyster correspond- 
ing to the walls of the alimentary canal of the human body. 



AND SlIELL-FlSH C'OMJITSSION. 91 

Conclusion. 

The main points presented in tliis paper may be very briefly 
summarized thus: 

In the floating of oysters for the market, a practice which is very 
general and is also used for other shell-fish, the animals are either 
taken direct from the beds in salt water and kept for a time in 
fresher (brackish) water before opening, or water added to the shell- 
contents after they are taken out of the shell. 

When thus treated, the body of the animal takes up water and parts 
with some of its salts; and small quantities of the nutritive ingredients • 
escape at the same time. The oysters thus become more plump and 
increase considerably in bulk and weight. But the quantity of nutri- 
tive material, so far from increasing, suffers a slight loss. 

In the experiments here reported, the increase in bulk and weight 
amounted to from one-eighth to one-fifth of the original amounts- 
This proportion of increase is about the same as is said to occur in 
the ordinary j)ractice of floating or " fattening " for the market. 
According to this, five quarts of oysters in their natiiral condition 
would take up water enough in "floating " to increase their bulk to 
nearly or quite six quarts, but the six quarts of floated oysters would 
contain a trifle less of actual nutrients than the five quarts not floated. 

The gain of water and loss of salts is evidently due to osmose. 
The more concentrated solution of salts in the body of the animal as 
taken from salt water, passes into the more dilute solution (fresher 
water) in which it is immersed, Avhile a larger amount of the fresher 
water at the same time enters the body. But part of the exchange 
and especially that by which other materials, namely fat, carbohy- 
drates, protein, etc., are given off in small quantities, is more probably 
due to a special secretory action. There is thus a very interesting- 
parallelism between these processes of secretion and osmose (dialysis) 
in the oyster and those in the bodies of higher animals, including 
man, by which the digested food is carried through the walls of the 
alimentary canal into the blood. 

The flavor of oysters is improved by the removal of the salts in 
floating, and they are said to bear transportation and to keep better. 
Wlien, therefore, the oysterman takes " good fat oysters," which 
" yield five quarts of solid meat to the bushel," and floats them so that 
"they will yield six qiiarts to the bushel," and thus has an extra qviart 
of the largest and highest priced oysters to sell, he offers his custom- 
ers no more nutritive material — indeed, a very little less- — -than he 
would have in the five quarts if he had not floated them. But many 
people prefer the flavor of the floated oysters, and since they buy them 



92 Report of Oyster Investigation 

more for the flavor tliau for the nvitrimeut, doubtless very few custom- 
ers would complain if tbe}^ understood all the facts. And consider- 
ing that the practice is very general and the prices are regulated by 
free competition, the watering of oysters by floating in the shell, per- 
haps, ought not to be called fraudulent. But rather than pronounce 
upon this and other questions suggested by the above considerations 
I, however, should prefer to leave them to the association for 
discussion. 

In the common practice of preparing oysters for the market by 
j)lacing them for a time in brackish or fresh water, called "floating," 
"plumping "or "fattening," a considera])le amount of water passes 
by osmose into the body of the animal, thus increases its size and 
weight. At the same time more or less of the solid constituents pass 
out, so that instead of a gain there is an actual loss of nutritive 
ingredients. 

The diagram opposite illustrates the changes found, by experiment, 
in two lots of oysters. In (1) are shown the constituents in 100 parts, 
by weight of the flesh of oysters l)efore floating. In (2) the comjiosi- 
tion of 100 parts of the same after floating, while (8) shows the whole 
weight and the weights of the several constituents, after floating, of 
the oyster which before floating weighed 100. The protein, fats, 
carbohydrates and part of the mineral matters are the nutritive 
ingredients. 

The remainder of the mineral matters consists of the salts of the 
sea-water, which permeate the flesh, and of which part, with a small 
amount of the nutrients, escaj^es in the floating. Thus 100 ]}^viH of 
the flesh were comj^uted to increase to 120.8 parts in experiment 1, 
and to 11;1G parts in experiment 2, but in both cases there was, with 
the gain of water, a slight loss, not only of mineral salts (chiefly those 
of the sea-water which permeated the flesh), but also of the nutritive 
ingredients, fats and carbohydrates. The floating of the oysters is, 
therefore, not a process of fattening, but of watering. 



AND Shell-Fish Commissiox, 93 

APPENDIX "C." 

Shell-Fish Law of 1887. 
CHAPTEE 584. 
An Act to promote aud protect the cultivation of sliell-fisli, witliin 
the waters of this State, for the appointment of an additional 
commissioner of fisheries ; to authorize the grant of franchises 
for the use of certain lands under water belonging to the State 
aud to make an appropriation therefor. 

Passed June 16th, 1887 ; three-fifths beinj? present. 
Tlie People of the State of New York, represented in Senate and Assembly, 
do enact as follows. • 

Section 1. The Commissioner of Fisheries, appointed under chapter 
three hundred aud nine, laws of eighteen hundred and seventy-nine, 
and his successor in office, shall be known as the Shell-Fish Commis- 
sioner, and shall finish and complete the survey now being made under 
his direction of all the lands under the waters of the State suitable 
for use for the planting and cultivation of shell-fish, and shall make a 
map thereof as heretofore provided. He shall finish tijud complete the 
survey now being made of all the beds of oysters of natural growth 
located in the waters of the State, and such beds of ousters of natural 
growth shall be set apart and preserved, and shall not be deemed to 
be included in the lands for which franchises are to be sold under the 
l^rovisions of this act. Said commissioner shall ascertain the occu- 
pants of all lands claimed to be in the possession or occupation of any 
person or persons, and no grant of lands so occupied or possessed 
shall be made, except to the actual occupant or possessor thereof; 
provided said occupant or possessor, within one year from the passage 
of this act, shall make application for, and purchase the same. 

§ 2. For the further purposes of this act, the Governor is hereby 
authorized to appoint an additional commissioner of fisheries, who 
shall be a man of experience in oyster culture, aud who shall be a 
resipent of Richmond, Queens, Kings or Suffolk counties. 

§ 3. Immediately after the passage of this act the Commissioners of 
Fisheries shall meet at some place, to be designated by them, in the 
city of New York, for the purpose of making such rules and regulations 
as shall be deemed necessary as j^reliminary to hearing and granting 
applications for perpetual franchises for the purj)ose of shell-fish cul- 
tivation on the lands under the waters of this State mentioned in sec- 
tion one of this act, suitable for planting and cultivation of shell-fish. 
After such rules and regulations shall have been agreed upon and for- 



94 Repobt of Oyster Investigation 

mulated, tlie said commissioners of fisheries shall pi'oceed to grant 
franchise for the purpose of shell-fish cultivation, as hereinafter pro- 
vided. But no such franchise shall be granted until one month's notice 
of the application for a franchise or frauchises shall have been given 
by posting in a conspicuous place, in the office of the Shell-Fish Com- 
missioner, and in the office of the tovpn clerk of the town nearest to the 
lands api^lied for. 

§ 4. No gi'aut shall be made to any person or persons who have not 
resided in this State at least one 3^ear preceding the date of applica- 
tion, and no grant shall be made to any person, firm or corjjoration in 
excess of two hundred and fifty acres, and no person, firm or corpora- 
tion shall be allowed to hold, at any one time, more than two hundred 
and fifty acres. 

§ 5. When the conditions precedent to the granting of franchises, 
mentioned in the foregoing sections, have been complied with, the 
Commissioners of Fisheries are here1)y empowered, in the name and 
behalf of the people of the State of New York, to grant, by written 
instruments under their hands and seals, perpetual franchises for the 
purposes of shell-fish cultivation in the lands applied for under the 
waters of the State, for the consideration of not less than one dollar 
per acre, if the lands are unoccupied or unused, and not less than twenty- 
five cents per acre if the lands are in present use and occupation, and 
the right to use and occupy said grounds for said purposes shall be 
and remain in the said grantee, his legal representatives or successors 
forever; provided only tliat the said grantee, his legal representatives 
or successors shall actually use and occupy the same for the purpose 
of shell-fish cultivation, and for no other purpose whatever. And the 
moneys received for the sale of such franchises shall be paid forthwith 
into the treasury of this State. 

§ G. The franchises thus granted shall be deemed to be personal 
property, and courts of law and of e([uity shall have power, authority 
and jurisdiction to determine and enforce the rights of persons, firms 
or corporations thereto as though such franchises were actually, per- 
sonal property owned and possessed by such persons, firms or cor- 
porations, and such franchises may be sold, transferred, assigned or 
conveyed the same as other ])ersonal property. Immediately after the 
receipt of the aforesaid instrument of conveyance, the grantee shall 
at once cause the grounds therein conveyed to be plainly marked out 
by stakes, buoys or monuments, which stakes, liuoys or monuments 
shall be continued by said grantee his legal representatives or 
successors. 



AND Shell-Fish CoMMrssiON. 95 

§ 7. The said commissioners are hereby authorized to appoint and 
employ a clerk whose compensation shall not exceed fifteen hundred 
dollars per annum, which comijensation and the necessary expenses 
for carrying out the provisions of this act shall be paid by the Treas- 
urer upon the warrant of the Comptroller, to the order of the said 
commissioners, upon vouchers to be aj)proved by the Comptroller. 
The said clerk shall give a bond, to be approved by the Comptroller, 
in the penal sum of five thousand dollars, for the faithful performance 
of his duties. 

§ 8. The j^rovisions of this act shall not be deemed to limit or inter- 
fere with the i^owers of the Commissioners of the Land Ofiice, to 
grant to owners of uplands adjacent to such fisheries any of the lands 
under the waters of this State as is now j)rovided by law. But in case 
any grant shall be made by the Commissioners of the Land Ofiice of 
any land actually occupied and in use under the provisions of this act 
for the cultivation of shell-fish, such grant by said Commissioners of 
the Land Office shall be subject to the right of the occupant to occupy 
such grounds for two years thereafter, for the cultivation and removal 
of the shell-fish there planted. 

§ 9. This act shall not apply to nor be held to effect in any way 
lands under water owned, controlled or claimed under colonial patents 
or legislative grants by an}' town or towns, person or persons, in the 
counties of Suffolk, Queens, Kings and Richmond; lands under the 
waters of Gardiner's and Peconic bays, ceded by the State to the 
coimty of Suffolk, pursuant to chapter three hundred and eighty-five 
of the laws of eighteen hundred and. eighty-five, lands under water in 
Jamaica bay, lands in the jurisdiction of the towns of Hempstead and 
Jamaica or in the county of Westchester. 

§ 10. The sum of three thousand dollars, or so much thereof as may 
be necessary, is hereb}^ appropriated out of any moneys in the treasury 
not otherwise appropriated, payable by the Treasurer on the warrant 
of the Comptroller to the order of the said commissioners for carrying 
out the provisions of this act, upon vouchers to be approved by the 
Comptroller. 

S 11. This act shall take effect immediately. 



9(3 Report of Oyster Investigation 

APPENDIX "D." 

Law Ckeating Office of Oyster Pkotectoe. 

CHAPTEE 300. 

An Act for the jjrotecfcion of the natural oyster beds located in the 

waters of the State of New York. 

Passed May 10, 1886 ; three-tifths being present. 

The People of the State of New York, 7-epresented in Senate and 
Assembly, do enact as follows : 

Section 1. It shall not be lawful for any i^erson or persons, corpo- 
ration or corporations, to place, or cause to be placed, in any manner 
whatsoever, in any waters within the jurisdiction of the State, any 
sludg-e acid or other refuse matter, resulting from the manufacture, 
or process of manufacture, or treatment of crude or rtfined material 
from any oil refinery or oil works, any sugar rehnery or sugar works, 
or from any gas house, or building or buildings used for the makiiDg 
of gas, or to deposit in said waters any substance injurious to oyster 
culture, provided, however, that nothing in this section shall be held 
to apply to any refuse from the manufacture or handling of crude or 
refined oil and guano made from menhaden or other oil-bearing fish. 

§ 2. It shall not be lawful to throw or cause to be thrown from any 
boat, scow or vessel whatsoever, into the waters of Long Island sound 
or into the bays and harbors opening into the same, west of a line 
drawn from Eaton's Neck, due north to the boundary line bet^v'een 
New York State, and the State of Connecticut, any cinders, ashes, 
refuse or garbage. 

§ 3. Any person or corporations violating the provisions of either 
of the foregoing sections of this act shall be adjudged guilty of a 
misdemeanor. 

§ 4. Provides for the appointment of an officer to be called the 
State oyster protectoi', whose duty it shall be to enforce the pro- 
visions of this act, under the direction of Mr. Eugene G. Blackford, 
Commissioner of Fisheries, in charge of oyster investigation. 

§ 5. This act shall take effect immediately. 



AND SlIELL-FlSH CoJIMLSSION. 97 

APPENDIX "E." 

Rules of the Commissioners of Fisheries. 

In Relation to Granting of Franchises in Lands Under Water for the 
Purpose of Shell-Fish Cultivation, Adopted Seiitemher 5, 1887. 

First. The commissioners will meet on the first Monday of each 
month at the office of the commission in the city of New York, for the 
purpose of hearing and granting applications for franchises. 

Second. Applications for franchises will be recived by the clerk of 
the commissioners at any time, and the date of the reception will be 
indorsed at once upon the application. 

Third. Printed forms of application will be furnished by the clerk 
of the commissioD. 

Fourth. No grant of land will be made in excess of two hundred 
and fifty acres. 

Fifth. The terms " occupation and use " will be held to mean, in the 
opinion of the commissioners, at least one year's actual occupation 
and use in planting and cultivating shell-fish. 

Sixth. Beds of oysters of natural growth will be held to mean per- 
manent beds, not sporadic beds, of oysters growing naturally in 
sufficient quantities to be worked profitably. 

Seventh. In making applications, applicants must state on oath, 
that they believe that the grounds applied for are not already desig- 
nated as natural beds, or occupied, unless by applicant. That the 
ai^plicant wishes tlietn for the purpose of cultivating shell-fish, and 
that the applicant is a resident of the State, and has been for at least 
one year next j^receding date of apjolication. 

Eighth. Applicants must describe in detail the lands applied for, 
giving their location, number of acres wanted, etc. 

Ninth. The grants of lands will be made as nearly as possible in 
accordance with the description given in the applications, but the 
commissioners will not grant lands bounded by other than by north 
and east lines except in cases where the shore lines prevent, and in 
special cases. 

Tenth. Long Island sound will be divided into townships, sections 
and lots. 

Eleventh. When an application has been made, the •commissioners 

will cause the engineer to designate the vacant sections or lots nearest 

and incuding if possible the plot described, up to the limit of the land 

to be granted in each case. If no objection arises, the lands so desig- 

13 



98 Report of Oyster Investigation 

nated will be £;'ranted and franchises issued upon payment to the clerk 
of the commissioners, of the proper fees and charges. 

Twelfth. The lands applied for, if granted, will be buoyed or staked 
out under the direction of the engineer, who will place the owner at 
each of his respective corners and show him where to drop his buoys 
or plant his stakes, l)ut in all cases the buoys, ground-tackle and 
stakes shall be sui:)plied and fui-nished by the grantee or owner of the 
franchises. 

Thirteenth. After the franchise has been granted the owner will be 
required to keep the corners of his property distinctly staked or 
buoyed in accordance with the law; and each corner stake or buoy 
shall have stamped or otherwise permanently marked upon it a par- 
ticular number, which number will l)e furnished by the engineer. 

Fdurteeiith. Records of the pcjsition of each stake or buoy at the 
several corners of the lands granted by the commissioners are on file 
at this office, and in the event of the loss of any of these stakes or 
buoys, the owners can have them re-set upon application, and the pay- 
ment of the actual expenses of re-setting. 

Fifteenth. The charge for surveying shall be twenty-five cents per 
acre, with ten per cent additional for every corner in excess of four in 
any one lot, provided no lot shall be surveyed for less than one dollar. 

Sixteenth. Franchises may be sold, transferred, leased or assigned, 
but no person, lirm or corporation will be allowed to hold in excess 
of 250 acres. 

Sere/tteenth. All transfers of franchises must be recorded at the 
office of the commissioners, and a transfer fee of fifty cents will be 
charged. 

Eighteenth. No franchise will be granted until one mouth's notice 
of the application for such franchise shall have been given by 
posting in a conspicuous place in the office of the Shell-Fish Commis- 
sioner, and in the office of the town clerk of the town nearest the 
lands applied for. 

Ninteenth. The franchises thus granted shall be deemed to be per- 
sonal property, and courts of law and of e([uity shall have power and 
jurisdiction thereto as though such franchises were actually personal 
property. 

Twentieth. For the purpose of hearing and granting applications for 
franchises in l;#ids under water, three commissioners shall constitute 
a quorum of the Board. 

Twerity-fird. The clerk shall give a l>ond in the penal sum of $5,000 
for the faithful performance of his duties, and the prompt payment by 
him to the State treasury of all moneys received by him for the 
sale of franchises. 



AND Shell-Fish Commission. 99 

Twenty-second. The accounts of the clerk will be audited at each 
monthly meeting of the commission, by a committee to be appointed 
by the president of the commission. 

Tv:enty-third. No grant of lands in present occupation and use shall 
be made except to the actual occui:)ant and owner thereof, provided 
said occupant or j^ossessor, within one year from June IG, 1887, shall 
make application for and purchase the same. 

Twenty-fouiih. All disj)utes as to boundary lines will be referred to 
the engineer, and the decision of the engineer, if agreed to by the 
commissioners, will be final. 

Twenty -fifth. "WTienever any grant of land so made shall fail to he 
occiipied in good faith for the cultivation of shell-fish by the grantee 
thereof within two years after the date of said grant, the laud so 
granted shall revert to the State. 

Twenty-sixth. All franchises, except where the land has been in 
occupation or cultivation, shall be disposed of at public auction to 
the highest responsible bidder, after two weeks notice of the proposed 
sale to be posted in the office of the commissioners and to be pviblished 
once in each week for two weeks in a newspaper j^ublished in the 
county where the lands lie. 

Amendment to Rules 2G. 

One month's public notice shall be given by posting in the office of 
the commissioners in the city of New York, and by advertisement in 
two newspaj^ers, each published iu the county where the lands to be 
disposed of shall be situated, that on a day to be stated in such notice 
and within one week from the date of the last publication thereof, 
sealed bids will be received for grants to be specified by their survey 
number. 

On a day to be also stated in such notice, all the bids shall be 
opened by the commissioners, at a meeting of the Board to be held 
for that purpose. The opening of the bids vaiij be postponed, and in 
case of a failure to have a quorum of the commission present, shall lie 
over until the next meeting. 

No bid for a sum of less than one dollar per acre for such lands 
shall be considered, and the Board shall have discretion to accept 
such bids as they shall deem for the best public interest, and to reject 
any and all bids that they shall not deem it good policy to accept. 
Franchises in conformity to these conditions may then be issued in 
the manner provided by law. The vote on each proposed grant shall 
be taken by yeas and nays, which shall be entered upon the journal, 
and the affirmative vote of a majority of all the members of the com- 
mission shall be necessary to each grant. 



100 Report of Oyster Investtoation 

Tiventy-seventh. The commissioners reserve the right to reject any 
nnd all bids. 

Twenty-eighth. All objections to the granting of franchises shall be 
filed with the clerk, and notices of hearing before the commission 
shall be given to applicants and objectors. 

Twenty -ninth. These regulations may be amended only at a regular 
meeting of the commission after notices in writing to all the commis- 
sioners of the proposed amendment. 



APPENDIX "F." 

Form of Application. 
To the Gominixm>nerf< of Fisheries of the State of New York : 

The application of , a resident of the town 

of in the county of and State 

of New York, respectfully shows; that he has resided in said State 
more than one year next preceding the date of this application; that 
the grounds herein described are not now natural oyster beds; and 
have not been designated according to the provisions of the act here- 
inafter mentioned as natural' oyster beds; that he wishes and intends 
to use said grounds for planting and cultivating shell-fish; that he 
does not own a franchise for oyster cultivation directly or indirectly 
or indirectly on any grounds under water which with that applied for 
will exceed 250 acres. 

That he has been in the actual occupation and use of said lands in 
planting and cultivating shell-fish for at least one year before the date 
of this application. 

He therefore respectfully rec[uests that said commissioners, pursuant 
to an act entitled "An act to promote the cultivation of shell-fish," 
passed by the Legislature of New York, June 16, 1887, will grant him, 
in the name and behalf of the State of New York, a perpetual franchise 

for planting and cultivating shell-fish, in acres of 

ground, located under the waters of the State, in the town of 

. ., in the State aforesaid, which grounds are more 

particularly l)ounded and described as follows, to wit: 



Dated at , N. Y., this day of A. D. 188. 

Sworn to before me this 

day of .. 188. 



Apjilicant. 



AND Shell-Fish Co3niissioN. ] 03 

APPENDIX «G." 

Notice. 

Notice is hereby given tliat , of tlie town 

of , N. Y., has made application to the Gommissiouers of 

Fisheries, State of New Yoi-k, for a perpetual franchise in and to .... 
acres of lands under the waters of the State, located and described as 
follows : 



On Monday, . . . . , the Commissioners of Fisheries will 

meet at their office, , New York city, for the purpose of 

hearing and granting applications for j)erpetual franchises, and any 
objections to the granting of the above mentioned application will 
then be heard. 

By order of 

THE BOARD OF COMMISSIONERS OF FISHERIES. 



APPENDIX "H." 

AFFir)A\T:T OF Posting. 
Town of 



County of 

being duly sworn, deposes and says, 

that on the day of 188 . . , he posted the notice of the 

application of 

of 

to the Commissioners of Fisheries, State of New York, for franchises 
in lands under the waters of the State, in the office of the Shell-fish 
Commissioner, and in the office of the town clerk of the town nearest 
the lauds apj)lied for, as required by law. 

Sworn to this day of 188 . . 



102 Report of Oyster Investigation 

APPENDIX "I." 

Shell-Fish Commissioner's Certificate. 

New York, , 188.. 

To the Gommissioner^ of Fisheries, State of New York : 

Gentlemen. — I hereby certify that is the 

occupant of the lots described in the application attached, and that 
the land applied for is not natural growth oyster land and has not 
been designated by me as such. 

Shell-Fish Gmwiissioner. 



APPENDIX "K." 

Engineer's Certificate. 

New York, ,188... 

To the Commissioners of Fisheries, State of New York : 

Gentlemen. — I hereby certify that the lauds described in sections 

1, 2, 3, 4 and 5, in the attached application (No ), of 

of does 

do not aggregate, together with the oyster lands already granted 
api:)licaut, more than two hundred and fifty acres. 

Remarks : 



Engineer. 



APPENDIX "L." 

Clerk's Certificate. 
To the Commissioners of Fi>^heries, Slate of New York : 

Gentlemen. — I hereby certify, that no objections have been received 
to the granting of the application of 



of 

for a franchise in lot in 



Clerk. 



AND SlIELL-FlSH CoinilSSION. 103 

APPENDIX "M." 

Indorsement. 

Application No 

Name of applicant 

Address 

Number of acres applied for 

Where located 

Notice, when posted. 

Shell-Fish Commissioner's office , 188 . . 

Town clerk's office , 188 . .. 

Character of land 



Report of Shell-Fish Commissioner 

Report of engineer 

Remarks by clerk . 



APPENDIX "N. " 
Form of Franchise. 



Whereas, 



resident of the State of New York, ha , pursuant to an act entitled 
" An Act to promote and protect the cultivation of shell-fish, etc." 
passed by the Legislature June 16, 1887, made application to the 
Commissioners of Fisheries of the State of New York for a grant of a 
perpetual franchise for planting and cultivating shell-fish in the 
grounds hereinafter bounded and described, wherein he represent 
that he ha resided in the State of New York more than one year next 
preceding the date of said application ; that the said grounds are not 
natural oyster beds, and have not been set apart, reserved or desig- 
nated, accofding to the provisions of the said act, as natural oyster 
beds; and that the said lands have been in actual occapation and use 
in planting and cultivating shell-fish for at least one year before the 
date of application, that he wish and intend to use said grounds 
for planting and cultivating shell-fish, which application is dated the 
day of A. D., 188 , . , and was 



104 Report of Oyster Investigation 

filed with the clerk of said commissioners on the day 

of A. D., 188 . . , stating the name and residence of 

said applicant and the location, area and description of the grounds 
applied for, and was j^osted in a conspicuous place in the office of the 
Shell Commissioner, and also in the office of the town clei'k of the 
town nearest to the lands applied for, and all the other rules and 
regulations of the Fishery Commission, made in pursuance of the 
aboved mentioned act have been fully complied with; and 

Whereas, No valid objections having been made thereto, and the 
area of said grounds not being, in the opinion of the commissioners, 
of unreasonable extent, the said grounds having been surveyed, 
located and delineated on the map of the commissioners; the actual 

cost of surveying and mapping said grounds amounted to . . 

dollars and the price of said grounds at per acre, 

amounting to dollars, having been paid by said 

applicant, to the commissioners for the benefit of the State of New 
York; now, therefore, 

Know all Men by these Presents, That the State of New York, 
acting by and through the Commissioners of Fisheries, in considera- 
tion of the premises and especially for the sum last above-mentioned, 
duly received from said applicant, hath given and granted, and by 

these presents doth give and grant unto the said applicant , and 

to .... legal representatives forever, a perpetual franchise for the 
purposes of shell-fish cultivation in the lands applied for under the 

waters of this State, consisting of acres, bounded 

and described as follows, that is to say: 



Tohaveandtohold the same unto the said grantee and legal 

representatives or successors, forever; provided, that said grantee shall 
at once cause the said grounds to be plainly marked by stakes, boiiys, 
ranges or moniiments, which stakes, bouys, ranges or monuments shall 

be continued by the said grantee and legal representatives; 

and provided further, that the grantee or holder of said grounds 
shall actually use and occupy the same for the purposes named in good 
faith and for no other purpose, and that this grand is accepted by said 
grantee subject to all the provisions of the act aforesaid; and pro- 
vided further, that the said grantee does not now and shall not in 
future accpiire more than 250 acres of land for shell-fish cultivation. 
And it is stipulated, conditioned and agreed that if the grantee herein 
shall cease to actually use and occupy the premises hei-eby granted for 
shell-fish cultivation, or shall use them for any other purpose what- 



AND Shell-Fish Coj\nnssioN. J05 

ever; or now owns or shall hereafter acquire lauds under the act 
aforesaid, which together with the lands hereby granted, shall be in 
excess of 250 acres, or shall have been guilty of any misrej)resentation 
in the acquisition of this grant, then this grant shall be void, and the 
lands herein described shall forthwith revert to the State of New 
York. In case any dispute as to the boundaries of the land hereby 
granted shall arise, it shall be determined by the engineer of the 
Fishery Commission. 

In Witness Whereof, the Commissioners of Fisheries, in behalf of 
the State of New York, by virtue of the authority vested in them by 

by said act, have hereto set their hands and seals this day 

of A. D., 188.... 

Signed, sealed and delivered in presence of 



Grant of shell-lish franchise to , dated . . . . 

188 .... Recorded , 188 . . . . , in book , page 

acres in the town of 



APPENDIX "O." 

Assignment. 

Know all Men by these Presents, That of the town of , 

county of and State of New York, in consideration of the sum 

of dollars received to full satisfaction 

ha. . . . sold, assigned and conveyed, and by these presents 

do ... . sell, assign, and convey to of the 

town of and State of New York, all such right, title and 

interest as have or ought to have in and to the perpetual 

franchise for planting and cultivating shell-fish in the following- 
described grounds, to wit : 



being the same franchise granted to of the 

town of , in the county of and 

State of New York, by the Commissioners of Fisheries of New York 

by grant dated the day of A. D., 188 . . , 

and recorded in the office of the Commissioners of Fisheries aforesaid, 

in book , page To have and to hold the same 

unto the said assignee and legal representatives forever, 

subject nevertheless to all the conditions, reservations, stipulations 
and provisions in said grant of said commissioners contained and also 
14 



106 (fYSTER Investigation ANB Shell-Fish Commission. 

of the act entitled, " An act to promote and protect the cultivation of 
shell-fish, etc.," passed by the Legislature of the State of New York, 
June 16, 1887, and that the franchise shall be forfeited if more than 
250 acres are held at one time. 

In witness whereof, have hereunto set hand 

and seal this day of , A. D., 188 . . . 

Signed, sealed and delivered in presence of 



STATE OF NEW YORK^ 

County of 

On the day of , 18 . . . , 

personally appeared before me 

to be known to be the person described in and who executed the 
foregoing statement and acknowledged that he executed the same. 

[Indorsed] . Assignment to 

Dated , 18 . . . Recorded , 18 . . . , in book , 

page 



LIBRARY OF CONGRESS 



002 911 471 



